(Violation of 47 U.S.C. § 227, et seq. – Telephone Consumer Protection Act)  (on behalf of Plaintiff and the Class)    In an effort to solicit more clients on behalf of third parties, Defendants sent  unsolicited text messages, without consent, to cellular telephones while using automatic  telephone dialing equipment having the capacity to store and dial telephone numbers, en masse.  As a result, Defendants has repeatedly violated the Telephone Consumer Protection Act, 47  U.S.C. § 227 (the “TCPA”).    Given the relatively low cost associated with sending bulk text messages, many  marketers have turned to disseminating advertisements or promotions through mass text  message campaigns.    Seeking to market the services of third parties to consumers and, in turn, grow  their customer bases, Defendants engaged in this especially invasive form of advertising.    Defendants sent unauthorized text messages to the phones of thousands of  consumers.     In fact, the promotional text message calls alleged herein were exclusively made  by Defendants and not by any consumer. Defendants made the same (or substantially the same)  text message calls en masse to thousands of cellular telephone numbers.    While Defendants sent these unauthorized text messages to consumers to market  its services, it never obtained recipients' express consent to do so.    Through its conduct, Defendants caused consumers actual harm by sending  unauthorized text message calls at issue. Plaintiff and members of the Class were not only  subjected to the aggregation that necessarily accompanies the receipt of unauthorized text  messages, but also because consumers frequently have to pay their cell phone service providers  for the receipt of such unauthorized text messages.    Defendants sent a text message call from an SMS-enabled land-line phone  number, 504-608-2546, to Plaintiff’s telephone number.     The software and/or hardware used by Defendants to enable texting on the  landline also had the capacity to store, produce, and dial random and sequential numbers, and/or  receive and store lists of telephone numbers, and to dial such numbers, en masse, in an  automated fashion without human intervention.     The message was an advertisement written in an impersonal manner and Plaintiff  had no other reason to be in contact with Defendants.      Plaintiff did not provide prior express written consent to receive text messages  from Defendants.    Defendants' intrusive text messages adversely affected Plaintiff’s right to  privacy.    Defendants were and are aware that the above-described text message calls were  being made on a widespread basis, and that the text message calls were being made to  consumers who had not consented to receive them.   Numerosity: The exact number of Class members is unknown and not available  to Plaintiff at this time, but it is clear that individual joinder is impracticable. On information  and belief, Defendants have sent promotional text messages to thousands of consumers who fall  into the definition of the Class. Class members can be identified through Defendants' records.    Typicality: Plaintiffs claims are typical of the claims of other members of the  Class in that Plaintiff and the Class members sustained damages arising out of Defendants'  uniform wrongful conduct and unsolicited text message calls.    Adequate Representation: Plaintiff will fairly and adequately represent and  protect the interests of the Class, and has retained counsel competent and experienced in  complex litigation and class actions. Plaintiff’s claims are representative of the claims of the  other members of the Class. That is, Plaintiff and the Class members sustained damages as a  result of Defendants’ conduct and received substantially the same text messages. Plaintiff also  has no interests antagonistic to those of the Class, and Defendants have no defenses unique to  Plaintiff. Plaintiff and her counsel are committed to vigorously prosecuting this action on behalf  of the members of the Class, and have the financial resources to do so. Neither Plaintiff nor her  counsel has any interest adverse to the Class.    Plaintiff reserves the right to revise the foregoing "Class Allegations" and "Class  Definition" based on facts learned through additional investigation and in discovery.   Plaintiff incorporates the foregoing allegations as if fully set forth herein.    In an effort to obtain clients, Defendants made unsolicited and unwanted text  message calls to Plaintiff and the Class' cellular telephones without their prior express consent.    Defendants sent the promotional text messages to Plaintiff and the Class's  cellular telephone numbers using equipment that had the capacity to store or produce telephone  numbers to be called using a random or sequential number generator, and/or receive and store  lists of phone numbers, and to dial such numbers en masse.    Defendants utilized equipment that sent the promotional text messages to  Plaintiff and other members of the putative Class simultaneously and without human  intervention.    By sending the promotional text messages to Plaintiffs and members of the  Class's cellular telephones without prior express consent, and by utilizing an ATDS, Defendants  violated 47 U.S.C. § 227(b)(I)(A)(iii).    Because Defendants' misconduct was willful and knowing, the Court should,  pursuant to 47 U.S.C. § 227(b)(3), treble the amount of statutory damages recoverable by the  Plaintiff and the other members of the putative Class.     Additionally, as a result of Defendants’ unlawful conduct, Plaintiff and the other  members of the Class are entitled to an injunction under 47 U.S.C. § 227(b)(3)(A) to ensure that  Defendants’ violations of the TCPA do not continue into the future.   As a result of the foregoing and as per applicable law including, but not  limited to, the doctrines of respondeat superior, franchisor and franchisee, as well as principal  and agent, INTELIQUENT, INC. has been named herein as a party-defendant, and to whom  liability for the negligent and/or willful violations of the TCPA committed by Defendant 