20.  Plaintiff brings this action on behalf of himself and on behalf of all others similarly  situated (“The Class”).   21.  Plaintiff represents, and is a member of, “The Class” defined as follows:   “All persons in  California whose outbound telephone conversations were recorded without their consent  by Defendant within the four years prior to the filing of the original Complaint in this  action.”     22.  Defendant, and its employees and agents are excluded from The Class.    Plaintiff does  not know the number of members in The Class, but believe this number to be in the tens  of thousands, if not more.  Thus, this matter should be certified as a Class action to assist  in the expeditious litigation of this matter.   31.  Plaintiff incorporates by reference all of the above paragraphs of this Complaint as  though fully stated herein.   7.  Defendant is, and at all times mentioned herein was, a professional corporation.  Plaintiff  is informed and believes, and on the basis of that information and belief alleges, that at all  times mentioned in this Complaint, Defendants were the agents and employees of their  co-defendants, and in doing the things alleged in this Complaint, were acting within the  course and scope of that agency and employment.    8.  At all times relevant, Plaintiff was an individual residing within the State of California.     9.  Since July 2012, Plaintiff had numerous telephone communications with certain  employees, officers and/or agents of Defendant.  Plaintiff is informed and believes, and  thereon alleges, that on certain occasions Defendant properly warns consumers that the  conversation will be recorded while on other occasions Defendant does not warn  consumers that the conversation is being recorded.   INVASION OF PRIVACY: VIOLATION OF PENAL CODE § 632  