 In approximately early 2017, Plaintiff began receiving telephone calls on her  cellular telephone number ending in 9464.    These calls came from Defendants’ telephone number 1-800-228-7676.    Defendants, as part of their “Dream Sweepstakes” promotion, place prerecorded  telephone calls to individuals.     These calls also used an automatic telephone dialing system, as evidenced by a brief  and unnatural pause prior to the prerecorded message beginning to play.    These telephone calls contain several advertisements for various products and  services, making the calls telemarketing.    The calls Plaintiff answered contained such prerecorded messages and  advertisements.    Because the calls constitute telemarketing, Defendants were required to obtain prior  express written consent from the persons to whom they made calls.    “Prior express written consent” is specifically defined by statute as:   [A]n agreement, in writing, bearing the signature of the person called that clearly  authorizes the seller to deliver or cause to be delivered to the person called  advertisements or telemarketing messages using an automatic telephone dialing  system or an artificial or prerecorded voice, and the telephone number to which the  signatory authorizes such advertisements or telemarketing messages to be  delivered.     Indeed, a review of the “Dream Sweepstakes” website shows that Defendants’ did  not obtain such consent.    On the main page, there are links to “Home”, “How To Play”, and “Support”.    On the “Home” page, it states “Subscribe now by calling 1_800_228_7676.    There are no written disclosures authorizing Defendants to deliver or cause to be  delivered advertisements or telemarketing messages using an artificial or prerecorded voice.    On the “How to Play” page there are instructions on how to subscribe (but none on  how to opt out). There are no written disclosures authorizing Defendants to deliver or cause to be  delivered advertisements or telemarketing messages using an artificial or prerecorded voice.    On the Support Page, there is a contact form. There are no written disclosures  authorizing Defendants to deliver or cause to be delivered advertisements or telemarketing  messages using an artificial or prerecorded voice.    On the Support Page, however, there is a link to “Official Rules.” This is the only  link to the Official Rules on the site.     The Official Rules page discloses that “by clicking the SUBSCRIBE button, I  hereby consent to receive … pre-recorded telemarketing calls from or on behalf of Intelemedia  Premier Leads, LLC at the telephone number provided above[.]”     There is no “subscribe” button to click, nor is the telephone number provided  anywhere on the site.    In the “How to Enter” section, it states that “[b]y confirming your subscription over  the phone or online at www.dreamsweepstakes.net, you are providing your express written consent  to receive weekly phone numbers to the phone you use to subscribe with[.]”    Notwithstanding the facts that burying consent language in the “Official Rules”  found only on the support page and that simply stating that a telephone call is written consent  cannot override the statutory definition of “written consent”, the language itself is deficient, as it  does not disclose the possibility or pre-recorded telemarketing calls.    Nevertheless, the language quoted above indicates Defendants’ awareness of its  obligations under the TCPA, and its intentional disregard of those obligations.    Plaintiff brings this action under Fed. R. Civ. P. 23 on behalf of a proposed class  defined as:  Plaintiff and all persons within the United States to whose telephone  number Defendants placed a prerecorded telemarketing call or to  whose cellular telephone number Defendants placed a call using an  automatic telephone dialing system.  (“Class”)    Excluded from this class are Defendants and any entities in which Defendants have  a controlling interest; Defendants’ agents and employees; any Judge and Magistrate Judge to  whom this action is assigned and any member of their staffs and immediate families, and any  claims for personal injury, wrongful death, and/or emotional distress.    The Class members for whose benefit this action is brought are so numerous that  joinder of all members is impracticable.     The exact number and identities of the persons who fit within the class are  ascertainable in that Defendants maintains written and electronically stored data showing:  a.  The time period(s) during which Defendants placed their calls;  b.  The telephone numbers to which Defendants placed their calls;  c.  The content of the calls;  d.  The equipment and methods for making the calls;    The Class is comprised of hundreds, if not thousands, of individuals nationwide.    Plaintiff is a member of the Class in that Defendants made prerecorded  telemarketing calls made using an automatic telephone dialing system to her cellular telephone.    The claims of Plaintiff are typical of the Class members in that they arise from  Defendants’ uniform conduct and are based on the same legal theories of all Class members.     Plaintiff and all putative Class members have also necessarily suffered actual  damages in addition to statutory damages, as the calls used Class members’ cellular telephone  plans, caused a nuisance to Class members, and invaded Class members’ privacy.    Plaintiff has no interests antagonistic to, or in conflict with, the Class.    Plaintiff will thoroughly and adequately protect the interests of the Class, having  retained qualified and competent legal counsel to represent himself and the Class.    Defendants have acted and refused to act on grounds generally applicable to the  Class, thereby making injunctive and declaratory relief appropriate for the Class as a whole.    The prosecution of separate actions by individual class members would create a  risk of inconsistent or varying adjudications.    Common questions will predominate, and there will be no unusual manageability  issues.    Plaintiff incorporates the foregoing allegations as if fully set forth herein.    Defendants placed prerecorded and autodialed telemarketing telephone calls to  the telephone numbers belonging to Plaintiff and the other members of the Class.    These calls were made in the absence of prior express written consent from  Plaintiff and Class members.    Defendants have therefore violated 47 U.S.C. § 227(b).    As a result of Defendants’ unlawful conduct, Plaintiff and the members of the  putative Class are each entitled to, inter alia, a minimum of $500 in damages for each such  violation under 47 U.S.C. § 227(b)(3)(B).    Should the Court determine that Defendants’ conduct was willful and/or knowing,  Plaintiff and each member of the Class are entitled to treble damages in the amount of $1,500 per  call, pursuant to 47 U.S.C. § 227(b)(3).  Violation of 47 U.S.C. § 227  (On Behalf of Plaintiff and the Class)  