16.  On or about July 9, 2020, Defendant sent Plaintiff a text message (the  “Text”) to his cellular telephone number via ATDS, as defined by 47 U.S.C. §  227(a)(l), without first obtaining Plaintiff’s written consent. A true and correct copy  of the screenshot of the Text is attached hereto as Exhibit A.    18.  Plaintiff is the exclusive user of the cellular telephone that received the  Text.  Plaintiff’s number is on the National Do Not Call registry and the phone is for  personal use.   19.  Defendant’s Text to Plaintiff constituted a call that was not for  emergency purposes as defined by 47 U.S.C. § 227(b)(l)(A)(i).   20.  Plaintiff never requested, desired, permitted, or otherwise provided his  prior express consent to Defendant to send or transmit the Text or any other texts to  his cellular telephone.   21.  Plaintiff never provided his prior express written consent to Defendant  to send or transmit the Text or any other advertisement or telemarketing to his  cellular telephone.   22.  The phone number utilized by Defendant to send the text, 262-93, does  not receive return phone calls, and, on information and belief, is used solely to send  text messages en masse, is a telephone number leased by Defendant or Defendant’s  agent(s), and is used for operating Defendant’s text message marketing program.    24.  Based on the foregoing, all telephone contact by Defendant or  Defendant’s agent(s) to Plaintiff and the other members of the Class was sent  utilizing an ATDS as defined by 47 U.S.C. § 227(b)(1)(A).   25.  As a result of receiving the Text, Plaintiff incurred expenses to his  wireless service, wasted data storage capacity, suffered the nuisance, waste of time,  and aggravation that accompanies receipt of such unauthorized advertisements, and  was subjected to an intrusion upon seclusion and invasion of privacy.     26.  On information and belief, Defendant sent the Text, or other text  messages, en masse to a list of thousands of randomly generated cellular telephone  numbers using an automatic telephone dialing system.     27.  On information and belief, Defendant sent the text message to Plaintiff  and the Class members using equipment that had the capacity to store or produce  telephone numbers to be called using a random or sequential number generator, and  to dial such numbers without human intervention.      29.  Pursuant to Fed. R. Civ. P. 23(a) and (b)(3), Plaintiff brings this class  action on behalf of the following Class:  All individuals in the United States who, within the four  years prior to the filing of the instant Complaint, received  a text to their cellular telephones from Defendant through  the use of an automatic dialing system and who did not  provide prior express written consent to receive such text  messages.   Excluded from the Class are the Defendant and its members, managers, employees,  and agents and members of the Judiciary. Plaintiff reserves the right to amend the  class definition upon completion of class certification discovery.   30.  Class Size (Fed. R. Civ. P. 23(a)(1)): Plaintiff is informed and believes,  and upon such information and belief avers, that the number of persons and entities  of the Class is numerous and joinder of all members is impracticable. Plaintiff is  informed and believes, and upon such information and belief avers, that the number  of Class members is at least forty (40) based on Defendant’s use of automated and  impersonal text message content sent via a telephone number with an automated  message center.   33.  Fair and Adequate Representation (Fed. R. Civ. P. 23(a)(4)):  Plaintiff  will fairly and adequately represent and protect the interests of the class. Plaintiff is  interested in this matter, has no conflicts, and has retained experienced class counsel  to represent the class.   36.  The Text Defendant sent Plaintiff and the Class members is an  advertisement as defined by 47 C.F.R. § 64.1200(f)(1) because it promotes  Defendant’s property, goods, or services.    37.  Defendant and/or its agent sent the Text, or other unsolicited automated  text messages to the cellular telephone number of Plaintiff and the other Class  members en masse without their prior express written consent.   38.  Defendant sent the Text, or had them sent on its behalf, using an  automatic telephone dialing system or device which has the capacity to store or  produce telephone numbers to be called using a random or sequential number  generator, and to dial such numbers.     39.  Defendant utilized equipment that sent the text messages, including the  Text, to Plaintiff and other Class members simultaneously and without human  intervention.   40.  By sending the unsolicited text messages to Plaintiff and the Class,  Defendant violated 47 U.S.C. § 227(b)(1)(A)(iii).     42.  Plaintiff incorporates by reference paragraphs 1-34 as if fully set forth  herein.   43.  The Text Defendant sent Plaintiff and the Class is an advertisement as  defined by 47 C.F.R. § 64.1200(f)(1) because it promotes Defendant’s property,  goods, or services.   44.  Defendant and/or its agent sent the Text, or other unsolicited automated  text messages to the cellular telephone number of Plaintiff and the Class members  en masse without their prior express consent and prior express written consent.   45.  Defendant sent the Text, or had it sent on its behalf, knowingly using  an automatic telephone dialing system or device which has the capacity to store or  produce telephone numbers to be called using a random or sequential number  generator, and to dial such numbers.   46.  Defendant knowingly utilized equipment that sent the text messages,  including the Text, to Plaintiff and other Class members simultaneously and without  human intervention.   48.  On information and belief, Defendant knew, or willfully ignored the  fact, that its conduct as alleged herein violated the TCPA.   49.  As a result of Defendant’s conduct and pursuant to § 227(b)(3) of the  TCPA, Plaintiff and the Class were harmed and entitled to statutory relief.   Violation of the TCPA, 47 U.S.C. § 227(b)(3)   Willful and/or Knowing Violation of the TCPA, 47 U.S.C. § 227(b)(3)  