 In and around September 2020, via the telephone number 301-368-****, Marketpro  or a person acting at its direction or control sent the following generic text message to mobile  telephone subscribers:  Hi. I am with MarketPro Homebuyers, I am a local buyer in DC,  VA, MD. I’d like to speak with you about buying [property address]  for cash if you might be interested in selling? Reply STOP for opt- out.  The sender’s telephone number is associated with the area code for Rockville, Maryland, where  Marketpro maintains its headquarters. The next three digits of the sender’s telephone number, 368,  are associated with at least three other telephone numbers that are or have been used by Marketpro.    The generic reference to “DC, VA, MD” indicates that the text message was  indiscriminately sent to property owners, or suspected property owners, in Virginia and other  states.    In multiple statements by Marketpro to the Better Business Bureau, Marketpro  reported that it maintains a database of prospective sellers and targets them for solicitations. To  the extent Marketpro inserts property addresses into text messages, these addresses appear to have  been exported or populated using a database or similar automated application.    Marketpro’s text messages have several elements indicating the use of an automatic  telephone dialing system.  a.  The text messages are generic, and with the exception of the address of real  property, they have no personalized information about the recipient.  b.  The generic reference to “DC, VA, MD” indicates that the text message was  indiscriminately sent to property owners, or suspected property owners, in  multiple states and the District of Columbia.  c.  The procedure for “STOP” indicates an automated text messaging system  that processes replies without human involvement.    Several persons have complained to the Better Business Bureau about Marketpro  spamming them with unwelcome and unsolicited telephone calls. Others have posted complaints  on the Yelp website about Marketpro sending unwelcome, harassing text messages.    Through the Do Not Call Registry maintained by the FCC, consumers may register  their telephone numbers and express their unwillingness to receive unsolicited text messages.    Plaintiff Kevin Cavey subscribes to a wireless cellular telephone service and his  telephone number is ***-***-9273. Plaintiff registered this number with the Do Not Call Registry  in July 2003.    Plaintiff had no prior relationship with Marketpro. He has never given Marketpro  permission or consent to send him text messages for any reason.    By sending unwanted text message solicitations to Plaintiff and others, Marketpro  intrudes on their privacy and interferes with the regular use and enjoyment of their telephones.    Each Class is so numerous that joinder of individual plaintiffs is not practical. The  actual number of members in each Class is not precisely known, but each class is likely to number  in the hundreds or thousands. Marketpro is likely to have or control information making it feasible  to determine how many members are in each Class.    Plaintiff’s claims are typical of all Class members. When Marketpro engaged in  wrongdoing against Class members, that common course of misconduct resulted in substantially  similar harms to both Plaintiff and Class members.  a.  Like all members of the National and Virginia Robodialing Classes,  Plaintiff received texts from Marketpro, through an automated texting  application, and Plaintiff had not provided prior express consent to the texts.  b.  Like all members of the Virginia Do Not Call Registry Class, Plaintiff is a  natural person residing in Virginia, and a person with telephone assigned a  Virginia area code, who had a registered number on the Do Not Call  Registry and received one or more text-message solicitations from  Marketpro.   c.  Like all members of the Virginia Unidentified Sender Class, Plaintiff is a  natural person residing in Virginia, and a person with telephone assigned a  Virginia area code,  who received one or more text-message solicitations  from Marketpro, where the sender did not identify themselves by first and  last name.    Plaintiff will fairly and adequately protect the interests of the Classes. Plaintiff  retained experienced counsel with the necessary expertise and resources to prosecute class action  litigation. Plaintiff and his counsel do not anticipate circumstances where Plaintiff’s interests  would be adverse to those of Class members.    Marketpro has acted on grounds that generally apply to the Classes such that final  injunctive relief is appropriate. Such grounds include injunctive relief to prevent Marketpro from  texting persons whose numbers are registered on the Do Not Call Registry and to forbid Marketpro  from sending text messages without its solicitors identifying themselves by first and last name.   Plaintiff incorporates by reference the allegations in the prior paragraphs of this  Complaint.    The TCPA states that it is unlawful “to make any call (other than a call made for  emergency purposes or made with the prior express consent of the called party) using any  automatic telephone dialing system … to any telephone number assigned to a … cellular  telephone.” 47 U.S.C. § 277(b)(1)(A)(iii).    Text messages constitute telephone calls for purposes of the TCPA. See, e.g.,  Federal Communications Commission, Public Notice, Text Message Senders Must Comply with  the Telephone Consumer Protection Act, DA 16-1299 (Nov. 18, 2016); see also Satterfield v.  Simon & Schuster, Inc., 569 F.3d 946, 954 (9th Cir. 2009).    As indicated by the generic content of text messages, the insertion of data through  databases or other automated systems, and the presence of automated opt-out features (by texting  “STOP” in reply), Marketpro used an automatic telephone dialing system to text Plaintiff and Class  members. See 47 U.S.C. § 227(a)(1); In re Rules & Regulations Implementing the Telephone  Consumer Protection Act, 23 F.C.C.R. 559, 566 (2008).    Marketpro violated the TCPA by using an automatic telephone dialing system to  send texts to Plaintiff and other Class members without their prior written consent.    A person aggrieved by violations of the TCPA may bring action against the violator  for $500 in statutory damages. If the violations of the TCPA are willful or knowing, the damages  may be trebled. 47 U.S.C. § 227(b)(3)(C).    Because Marketpro ignored repeated complaints about unsolicited and harassing  text messages, Marketpro’s violations of the TCPA were willful.    Plaintiff and the Classes demand judgment against Marketpro for statutory  damages, treble damages, attorney fees and costs, and any other relief provided by law.   Plaintiff incorporates by reference the allegations in the prior paragraphs of this  Complaint.    The VTPPA states, “No telephone solicitor shall initiate, or cause to be initiated, a  telephone call to a telephone number on the National Do Not Call Registry ….” Va. Stat. Ann.   Plaintiff incorporates by reference the allegations in the prior paragraphs of this  Complaint.    Marketpro or telephone solicitors acting for its benefit made a call to Plaintiff and  other Class members by sending text messages to their wireless cellular telephones.    The text messages were sent for the purpose of offering or advertising Marketpro’s  services, and because the text messages were made for Marketpro’s benefit as the seller of such  services, they constituted telephone solicitation calls under the VTPPA.    When Marketpro or telephone solicitors acting for its benefit sent text messages to  Plaintiff and other Class members, the texts failed to identify the senders by their first and last  names.    Marketpro, as a telephone solicitor itself or jointly and severally through telephone  solicitors acting for its benefit, is liable for telephone solicitation calls that violate the VTPPA.    Because Marketpro ignored repeated complaints about unsolicited and harassing  text messages, Marketpro’s violations of the VTPPA were willful and each violation qualifies for  special damages up to $5,000.    Plaintiff and the Class demand judgment against Marketpro for statutory damages,  special damages, attorney fees and costs, and any other relief provided by law.  Violation of the Telephone Consumer Protection Act  Calls Using Automatic Telephone Dialing Systems  (Individually and on Behalf of the National and Virginia Robodialing Classes)   Violation of the Virginia Telephone Privacy Protection Act  Calls to Members of the Do Not Call Registry  (Individually and on Behalf of the Virginia Do Not Call Registry Class)   Violation of the Virginia Telephone Privacy Protection Act  Failure of Telephone Solicitors to Identify  (Individually and on behalf of the Virginia Unidentified Sender Class)  