(Willful and Knowing Violation of 47 U.S.C. § 227, et seq. – Telephone Consumer  Protection Act)  (on behalf of Plaintiff and the Class)   12.  Defendant sent the above text message to Plaintiff from SMS code “313131.”   13.  Shortly thereafter on the same day, Defendant sent an identical text message to  Plaintiff’s cellular telephone number, ending in -6217, from SMS code “25827.”    14.  Plaintiff received other similar text message calls from Defendant.   15.  Defendant’s text messages were not addressed to Plaintiff by name and were  written in a generic, impersonal manner.    16.  Prior to sending these text messages, Defendant never informed Plaintiff and  Class clearly, conspicuously, and in writing that they would receive recurring automated  telemarketing and/or advertising text messages on their cellular phone.  Additionally, Defendant  never disclosed that consenting to receive such messages was not a condition of purchase for  Defendant’s products or services.    17.  As such, Defendant never received the requisite consent to send the text messages  at issue.    18.  Additionally, Defendant’s text messages do not include any instructions that  explain how to opt out of their marketing campaign.    19.  All Class Members received the exact same (or substantially similar) text  messages from the Defendant.    20.  The advertising and/or telemarketing text messages alleged herein were  exclusively made by Defendant. Defendant made, or had made on their behalf, the same (or  substantially the same) text messages en masse to thousands of cellular telephone numbers.   22.  Class Definition: Plaintiff Sabrina Broomfield brings this action on behalf of  herself and a class defined as follows:  Class: All individuals in the United States whose wireless telephone number  Defendant, or someone on Defendant’s behalf, called as part of Defendant’s text  message marketing efforts.  Excluded from the Class are: (1) any Judge or Magistrate presiding over this action and  members of their families; (2) Defendant, Defendant’s subsidiaries, parents, successors,  predecessors, and any entity in which the Defendant or their parents have a controlling interest  and their current or former employees, officers and directors; (3) persons who properly execute  and file a timely request for exclusion from the Class; (4) persons whose claims in this matter  have been finally adjudicated on the merits or otherwise released; (5) Plaintiff’s counsel and  Defendant’s counsel; and (6) the legal representatives, successors, and assigns of any such  excluded persons.   23.  Numerosity: The exact number of Class members is unknown and not available  to Plaintiff at this time, but it is clear that individual joinder is impracticable. On information and  belief, Defendant has sent telemarketing and/or advertising text messages to thousands of  consumers who fall into the definition of the Class. Class members can be identified through  Defendant’s records.   25.  Typicality: Plaintiff’s claims are typical of the claims of other members of the  Class in that Plaintiff and the Class members sustained damages arising out of Defendant’s  uniform wrongful conduct and unsolicited text message calls.   26.  Adequate Representation: Plaintiff will fairly and adequately represent and  protect the interests of the Class, and has retained counsel competent and experienced in  complex litigation and class actions. Plaintiff’s claims are representative of the claims of the  other members of the Class. That is, Plaintiff and the Class members sustained damages as a  result of Defendant’s conduct and received substantially the same text messages. Plaintiff also  has no interests antagonistic to those of the Class, and Defendant have no defenses unique to  Plaintiff. Plaintiff and his counsel are committed to vigorously prosecuting this action on behalf  of the members of the Class, and have the financial resources to do so. Neither Plaintiff nor his  counsel has any interest adverse to the Class.   28.  Plaintiff reserves the right to revise the foregoing "Class Allegations" and "Class  Definition" based on facts learned through additional investigation and in discovery.  29.  Plaintiff incorporates the foregoing allegations as if fully set forth herein.   30.  In an effort to obtain more customers, Defendant made advertising and/or  telemarketing text messages to Plaintiff and the Class' cellular telephones without their prior  express written consent.   31.  Defendant sent the text message s to Plaintiff and the Class's cellular telephone  numbers using equipment that had the capacity to store or produce telephone numbers to be  called using a random or sequential number generator, and/or receive and store lists of phone  numbers, and to dial such numbers en masse.   33.  By sending the telemarketing and/or advertising text messages to Plaintiff and  members of the Class' cellular telephones without prior express written consent, and by utilizing  an ATDS, Defendant violated 47 U.S.C. § 227(b)(I)(A)(iii).   34.  By failing to provide an automated, interactive  opt-out mechanism for the  Plaintiff and Class to make a do-not-call request, Defendant also violated 47 U.S.C. §   35.  As a result of Defendant’s unlawful conduct, Plaintiff and the Class are therefore  entitled to, among other things, a minimum of $500 in statutory damages for each such violation  under 47 U.S.C. § 227(b)(3)(B).   36.  Because Defendant’s misconduct was willful and knowing, the Court should,  pursuant to 47 U.S.C. § 227(b)(3), treble the amount of statutory damages recoverable by the  Plaintiff and the other members of the putative Class.    37.  Alternatively, because Defendant’s misconduct was negligent, the Court should,  pursuant to 47 U.S.C. § 227(b)(3), award statutory damages recoverable by the Plaintiff and the  other members of the putative Class.    38.  Additionally, as a result of Defendant’s unlawful conduct, Plaintiff and the other  members of the Class are entitled to an injunction under 47 U.S.C. § 227(b)(3)(A) to ensure that  Defendant’s violations of the TCPA do not continue into the future.  64.1200(b)(3).   