(Violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227(c)—Telemarketing)  On Behalf of Plaintiff and the DNC Class  Against All Defendants   (Violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b)(1)—Robocalling)  On Behalf of Plaintiff and the Cellular Telephone Class  Against All Defendants   19. Robocalls Outlawed: Enacted in 1991, the TCPA makes it unlawful “to make any call  (other than a call made for emergency purposes or made with the prior express consent of the  called party) using an automatic telephone dialing system or an artificial or prerecorded voice . . .  to any telephone number assigned to a . . . cellular telephone service.” 47 U.S.C. § 227(b)(1).  Calls made by an ATDS or with a prerecorded or artificial voice are referred to as “robocalls” by  the Federal Communications Commission (“FCC”) and herein. Encouraging people to hold  robocallers accountable on behalf on their fellow Americans, the TCPA provides a private cause  of action to persons who receive such calls. 47 U.S.C. § 227(b)(3).   20. Rationale: In enacting the TCPA, Congress found: “Evidence compiled by the  Congress indicates that residential telephone subscribers consider automated or prerecorded  telephone calls, regardless of the content or the initiator of the message, to be a nuisance and an  invasion of privacy.” Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105  Stat. 2394 § 2(10). Congress continued: “Banning such automated or prerecorded telephone calls  to the home, except when the receiving party consents to receiving the call or when such calls are  necessary in an emergency situation affecting the health and safety of the consumer, is the only  effective means of protecting telephone consumers from this nuisance and privacy invasion.” Id.  § 2(12).   71. Pursuant to Federal Rules of Civil Procedure 23(b)(2) and (b)(3), Plaintiff brings this  case on behalf of two classes.   94. Plaintiff realleges and incorporates by reference each and every allegation set forth in  the preceding paragraphs.   95. Defendants and/or its affiliates or agents violated the TCPA, 47 U.S.C. § 227(c); 47  C.F.R. § 64.1200(c)(2), by placing multiple unsolicited telemarketing calls (including text  messages) within a 12-month period to the residential (including residential cellular) telephone  numbers of Plaintiff and members of the DNC Class even though those numbers had been listed  on the NDNCR for at least 31 days.   96. Plaintiff and members of that class are entitled to an award of $1,500 in damages for  each knowing or willful violation and $500 in damages for each other violation.   A.  The Enactment of the TCPA and Its Regulations   