18.  In an effort to increase business, Smartpay has sent thousands of text  messages to consumers nationwide.    19.  In early 2016, Plaintiff received a cellular phone from Defendant.   However, a few months later, due to defective equipment, Plaintiff returned the  item and ceased any relationship with Defendant.   20.  Plaintiff maintains no debt with Defendant and Defendant has never  contacted Plaintiff concerning any debt owed.     36.  Plaintiff brings this action pursuant to Federal Rule of Civil Procedure  23(b)(2) and 23(b)(3) on behalf of herself and on behalf of and all others similarly  situated (“the Class”).   37.  Plaintiff represents, and is a member of the Class, consisting of all  persons within the United States who received any unsolicited, promotional text  message from Defendant or its agents on their cellular telephones through the use  of any automatic telephone dialing system as set forth in 47 U.S.C. §  227(b)(1)(A)(3), which text messages by Defendant or its agents were not made for  emergency purposes or with the recipients’ prior express consent, within four years  prior to the filing of this Complaint through the date of final approval.   47 U.S.C. §§ 227 ET SEQ.   47 U.S.C. §§ 227 ET SEQ.   53.  Plaintiff incorporates by reference all of the above paragraphs of this  Complaint as though fully stated herein.   59.  Plaintiff incorporates by reference the above paragraphs 1 through 38  inclusive, of this Complaint as though fully stated herein.   60.  Each such text message was made using equipment that, upon  information and belief, had the capacity to store or produce telephone numbers to  be called, using a random or sequential number generator, and to dial such  numbers.  By using such equipment, Defendant was able to effectively sent  thousands of text messages simultaneously to lists of thousands of wireless phone  numbers of consumers without human intervention.  These text messages were  made without the prior express consent of the Plaintiff to receive such text  messages.    64.  As a result of Defendant’s, and Defendant’s agents’, negligent  violations of 47 U.S.C. § 227(b)(1), Plaintiff seeks for herself and each Class  member $500.00 in statutory damages, for each and every violation, pursuant to 47  U.S.C. § 227(b)(3)(B).   65.  Pursuant to 47 U.S.C. § 227(b)(3)(A), Plaintiff seeks injunctive relief  prohibiting such conduct in the future.  66.  As a result of Defendant’s, and Defendant’s agents’, willful and/or  knowing violations of 47 U.S.C. § 227(b)(1), Plaintiff seeks for herself and each  Class member treble damages, as provided by statute, up to $1,500.00 for each and  every violation, pursuant to 47 U.S.C. § 227(b)(3)(B) and 47 U.S.C. §  227(b)(3)(C).   67.  Pursuant to 47 U.S.C. § 227(b)(3)(A), injunctive relief prohibiting  such conduct in the future.  * * *   KNOWING AND/OR WILLFUL VIOLATIONS OF THE TCPA   47 U.S.C. §§ 227 ET SEQ.   NEGLIGENT VIOLATIONS OF THE TCPA  47 U.S.C. §§ 227 ET SEQ.  