13   20   24  PROPOSED CLASS  25  26    On January 5, 2018, Defendant transmitted a call to Plaintiff’s cellular telephone  14  number ending in 3092 (the “3092 Number”) and left the following prerecorded message on  15  Plaintiff’s phone:   16  ….your energy supply charges on your electric account.  Please call  17  me back at 609-201-1785 and have a copy of your electric statement  18  handy to review.  Your reference number is NJ7741002.     19  20    The above referenced call originated from telephone number 609-201-1785,  21  which is owned and/or operated by Defendant, and answered by a representative who announces  22  Defendant’s name upon answering.   23    The above call was transmitted to Plaintiff’s cellular telephone, and within the  24  time frame relevant to this action.    25    Upon information and belief, Defendant caused other prerecorded calls to be  2  made to individuals residing within this judicial district.    3    Upon information and belief, Defendant has received one or more complaints  4  from recipients of its prerecorded calls who do not reside within Defendant’s service area, placing  5  Defendant on notice that its telemarketing activities are impacting residents of states outside of  6  Defendant’s service area.    7    At the time Defendant caused the subject prerecorded call to be made to  8  Plaintiff’s cellular telephone, Defendant knew or should have known, or was willfully ignorant, that  9  Plaintiff was a resident of Nevada.    10    At the time Defendant caused prerecorded calls to be made to the cellular  11  telephones of other individuals residing in Nevada, Defendant knew or should have known, or was  12  willfully ignorant, that these individuals were residents of Nevada.   13    Plaintiff has never had any type of relationship with Defendant.    14    Plaintiff never provided his telephone number to Defendant.  15    At no point in time did Plaintiff provide Defendant with his express written  16  consent or express consent to be contacted using a prerecorded message.    17    Plaintiff is the subscriber and sole user of the 3092 Number, and is financially  18  responsible for phone service to the 3092 Number.   19    The fact that other individuals have received the same message as Plaintiff  11  demonstrates that Defendant used prerecorded messages to harass thousands of individuals.      12    Through its telemarketing calls, Defendant violated Plaintiff’s substantive rights  13  under the TCPA.   14    Defendant’s TCPA violation caused Plaintiff a particularized and concrete injury,  15  including:   16  a. Invasion of privacy;  17  b. Inconvenience;   18  c. Unwanted occupation of his time and mental energy;   19  d. Unwanted occupation of his cellular telephone;  20  e. Nuisance;   21  f. Trespass; and  22  g.  Aggravation and annoyance.   23  6  Violations of the TCPA, 47 U.S.C. § 227(b)  7  (On Behalf of Plaintiff and the Class)  8  9    Plaintiff brings this case on behalf of a Class defined as follows:  1  All persons within the United States who, within the four  2  years prior to the filing of this Complaint, received a  3  telephone call through the use of an artificial or  4  prerecorded voice, from Defendant or anyone on  5  Defendant’s behalf, promoting Defendant’s services, to  6  said person’s cellular telephone number, who had not  7  expressly consented in writing to receiving such calls.   8    Defendant and its employees or agents are excluded from the Class. Plaintiff does  9  not know the number of members in the Class, but believes the Class members number in the several  10  thousands, if not more.  11   The common questions in this case are capable of having common answers. If  5  Plaintiff’s claim that Defendant routinely violates the TCPA, Plaintiff and the Class members will  6  have identical claims capable of being efficiently adjudicated and administered in this case.  7  8   Plaintiff re-alleges and incorporates the foregoing allegations as if fully set forth  10  herein.   11    It is a violation of the TCPA to make “any call (other than a call made for  12  emergency purposes or made with the prior express consent of the called party) using any automatic  13  telephone dialing system or an artificial or prerecorded voice…to any telephone number assigned to  14  a…cellular telephone service….” 47 U.S.C. § 227(b)(1)(A)(iii).   15    Defendant – or third parties directed by Defendant – made prerecorded or  16  artificial voice calls to the cellular telephones of Plaintiff and Class Members.  17    These calls were made without regard to whether Defendant had first obtained  18  express written consent to make such calls. In fact, Defendants did not have prior express written  19  consent to call the cell phones of Plaintiff and Class Members when the subject calls were made.   20    Defendant violated § 227(b)(1)(A)(iii) of the TCPA by using an artificial or  21  prerecorded voice to make marketing telephone calls to the cell phones of Plaintiff and Class  22  Members without their prior express written consent.   23  