O'Shea

I. BACKGROUND

23 This case is a class action alleging Defendant American Solar Solution, Inc. 24 (“Defendant”) violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 25 227 et seq., by using an automatic telephone dialer system (“ATDS”) to place 26 telemarketing calls to cell phones. Defendant is in the business of selling solar energy 27 equipment to residential and commercial customers. To market its products and services, 28 Defendant used a ViciDial predictive dialer to contact phone numbers uploaded into the dialer. Defendant purchased these telephone numbers from several different companies that sell lists of phone numbers that connect to members of a population meeting certain demographic criteria. Per Plaintiff’s expert’s report, Defendant made 897,534 calls to 220,007 different cell phone numbers. Defendant has no evidence indicating any of the alleged call recipients provided prior express consent to receive these calls. Defendant placed fifteen calls to named Plaintiff Kerry O’Shea’s (“Plaintiff”) cell phone. Plaintiff was appointed class representative of this litigation on March 2, 2017. (See ECF No. 88 at 9). On…