10. In or around May 2015, after answering one of the telephone calls on his cellular telephone, Plaintiff specifically told Defendant’s representative he was not the person they were looking for and to stop calling his cellular telephone number however the calls and voice mails never ceased.  11. Before the calls were made, Defendant was aware of the prohibitions on making such a call pursuant to the Telephone Consumer Protection Act but nevertheless chose to suffer the consequences should the unlawful conduct be uncovered.  12. Plaintiff knows the calls were made by an automatic telephone dialing system because on the calls he answered there was a long pause before someone came on the line to greet him and other times a computer generated voice would leave a voice mail asking “Jeff” to contact the Defendant regarding a debt allegedly owed.  14. Plaintiff was charged for all the telephone calls alleged supra.  15. All the telephone calls alleged supra were to Plaintiff’s cellular telephone number using an automatic telephone dialing system and were made without his prior express consent nor for emergency purposes. 16. The named Plaintiff and others similarly situated to him, repeat and reallege the allegations in the preceding paragraphs of this Complaint, and incorporate the same herein by reference as though set forth herein in full.  18. Plaintiff seeks class action certification and is authorized to maintain this lawsuit as a class action pursuant to the Federal Rules of Civil Procedure 23(b)(1); 23(b)(2) and 23(b)(3).  19. The persons included in each Class set out above are so numerous that joinder of all parties is impractical.  Upon information and belief, there are more than one thousand (1,000) members of the proposed class.  More precise information concerning the size and identification of class members will be obtained through discovery and set forth in Plaintiffs subsequent Motion for Class Certification.  20. The statutory penalty for each violation is set by law at between $500 - $1,500 per violation per class member. Thus, the claim of each potential class member is relatively small, such that it is not economically feasible to bring individual actions for each member of the class.  22. The questions of law and fact which are common among members of the class. The common issues include: (a) whether the unsolicited calls to wrong party class members cellular telephone using an automatic telephone dialing system violated the 30. On at least twenty (20) separate occasions within the past four (4) years, Defendants willfully and knowingly violated the TCPA by using an automatic telephone dialing system to contact the Plaintiff on his cellular telephone number without his prior express consent and that was not made for emergence purposes.  31. The Telephone Consumer Protection Act provides for actual damages or $500.00, whichever is greater pursuant to 47 USC 227b(3)(B) and for treble damages for a willful or knowing violation pursuant to 47 USC 227b(3).  33. As a result of Defendants’ violations of the TCPA, Plaintiff is entitled to attorneys’ fees and costs. 34. The named Plaintiff and others similarly situated to him, repeat and reallege the allegations in the preceding paragraphs of this Complaint,  and incorporate the same herein by reference as though set forth herein in full.  35. This claim is an action for Declaratory Judgment brought pursuant to the provisions of 28 U .S .C . § 2201 et seq.  36. An actual controversy exists between the parties in this case in regard to the telephone calls alleged supra.  37. Plaintiff seeks declaratory relief with respect to the legal relations of the parties arising from this controversy and their respective rights and responsibilities under the TCPA.  7. Plaintiff has received at least 50 unsolicited debt collection calls from Defendant on his cellular telephone number 561-376-7415 in the past 48 months measured from the date of the filing of this complaint.  8. Defendant has also left more than 10 voice mails with a pre-recorded voice searching for another person to collect a debt, thus called the wrong party. All the telephone calls alleged herein originated from telephone number 877-795-9819 according to Plaintiff’s called id on his cellular telephone.  DECLARATORY JUDGMENT  VIOLATION OF 47 U.S.C. § 227(b)(1)(A) (iii) (TCPA) 