 -9-  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  1.  NEGLIGENT VIOLATIONS  10.  Defendant contacted or attempted to contact Plaintiff from telephone  numbers including (310) 757-8676 with a call-back number, (888) 253-4674.   11.  Defendant’s calls constituted calls that were not for emergency  purposes as defined by 47 U.S.C. § 227(b)(1)(A).   12.  Such calls constitute solicitation calls pursuant to 47 C.F.R. §   13.  Plaintiff has received numerous solicitation calls from Defendant  within a 12-month period.   18.  The class concerning the National Do-Not-Call violation (hereafter  “The DNC Class”) is defined as follows:  All persons within the United States registered on the National  Do-Not-Call Registry for at least 30 days, who had not granted  Defendant prior express consent nor had a prior established business  relationship, who received more than one call made by or on behalf of  Defendant that promoted Defendant’s products or services, within any  twelve-month period, within four years prior to the filing of the  complaint.   19.  Plaintiff represents, and is a member of, The DNC Class, consisting  of all persons within the United States registered on the National Do-Not-Call  Registry for at least 30 days, who had not granted Defendant prior express consent  nor had a prior established business relationship, who received more than one call  made by or on behalf of Defendant that promoted Defendant’s products or services,  within any twelve-month period, within four years prior to the filing of the  complaint.   64.1200(c)(2), as they were an attempt to promote or sell Defendant’s services.   8.  Beginning in or around January of 2017, Defendant contacted Plaintiff  on Plaintiff’s home telephone number ending in -4272, in an attempt to solicit  Plaintiff to purchase Defendant’s services.     9.  Plaintiff’s home telephone number ending in -4272 was added to the  National Do-Not-Call Registry on or about July 11, 2003.   FOR VIOLATIONS OF:   Negligent Violations of the Telephone Consumer Protection Act  47 U.S.C. §227(c)   As a result of Defendant’s negligent violations of 47 U.S.C.  §227(c)(5), Plaintiff and the DNC Class members are entitled to and  request $500 in statutory damages, for each and every violation,  pursuant to 47 U.S.C.  227(c)(5).    Any and all other relief that the Court deems just and proper. 