16.  On information and belief, Defendant is a medical market research company that  helps organizations conduct market research surveys with knowledgeable healthcare  professionals and patients. (See www.medsurvey.com – last visited 9/14/20)    17.  On information and belief, Defendant conducts surveys on behalf of its clients to  gather data for their clients’ marketing, sales, and research needs.  Defendant receives payment  for providing this information to its clients.   18.  On or about April 19, 2018, June 29, 2018, July 5, 2018, July 13, 2018, and July  18, 2018, Defendant sent five unsolicited facsimiles survey requests to Plaintiff using a  telephone facsimile machine, computer, or other device.  See Group Exhibit A.      20.  The Faxes are invitations to participate in Defendant’s market research surveys of  Ceiling Lifts and/or Medical Equipment in exchange for a specified dollar amount payment.  See  Group Exhibit A.   21.  The Faxes are offers by Defendant to “buy” a service from Plaintiff and the  putative Class (survey participation), and Defendant then uses this data for the benefit of its  clients.  These clients, in turn, pay Defendant for these benefits.  On this basis, the Faxes are  advertisements under the TCPA and the regulations implementing the TCPA.   22.  Defendant created or made the Faxes, or directed a third party to do so, and the  Fax was sent by or on behalf of Defendant with Defendant’s knowledge and authorization.   23.  Plaintiff did not give Defendant “prior express invitation or permission” to send  the Faxes.    24.  On information and belief, Defendant faxed to at least forty recipients the same  and other unsolicited facsimile advertisements without prior express invitation or permission,  and without the required opt-out language, thereby precluding the affirmative defense of  established business relationship.    25.  There are no reasonable means for Plaintiff (or any other class member) to avoid  receiving unauthorized faxes. Fax machines are left on and ready to receive the urgent  communications their owners desire to receive.    26.  Defendant’s facsimiles attached as Group Exhibit A do not display a compliant  opt-out notice as required by 47 C.F.R. § 227(b)(1)(C) and 47 C.F.R. § 64.1200(a)(4).  28.  Class Size (Fed. R. Civ. P. 23(a)(1)): Plaintiff is informed and believes, and upon  such information and belief avers, that the number of persons and entities of the proposed Class  is numerous and joinder of all members is impracticable. Plaintiff is informed and believes, and  upon such information and belief avers, that the number of class members is at least forty.   30.  Typicality (Fed. R. Civ. P. 23(a)(3)):  Plaintiff’s claims are typical of the claims  of all class members. Plaintiff received the same or other faxes as the faxes sent by or on behalf  of Defendant advertising the commercially availability and/or quality of property, goods or  services of Defendant during the Class Period. Plaintiff is making the same claims and seeking  the same relief for itself and all class members based upon the same federal statute. Defendant  has acted in the same or in a similar manner with respect to Plaintiff and all the class members  by sending Plaintiff and each member of the class the same or other faxes or faxes which did not  contain compliant opt-out language or were sent without prior express invitation or permission.   33.  The TCPA makes it unlawful for any person to “use any telephone facsimile  machine, computer or other device to send, to a telephone facsimile machine, an unsolicited  advertisement . . . .” 47 U.S.C. § 227(b)(1)(C).   34.  The TCPA defines “unsolicited advertisement” as “any material advertising the  commercial availability or quality of any property, goods, or services which is transmitted to any  person without that person's prior express invitation or permission, in writing or otherwise.”  47 U.S.C. § 227 (a) (5).   38.  Defendant’s Other Violations.  Plaintiff is informed and believes, and upon such  information and belief avers, that during the period preceding four years of the filing of this  Complaint and repeatedly thereafter, Defendant has sent via facsimile transmission from  telephone facsimile machines, computers, or other devices to telephone facsimile machines faxes  other than Group Exhibit A that constitute advertisements under the TCPA that were transmitted  to persons or entities without their prior express invitation or permission (and/or that Defendant  is precluded from sustaining the established business relationship safe harbor due to its failure to  comply with the Opt-Out Notice Requirements). By virtue thereof, Defendant violated the TCPA  and the regulations promulgated thereunder. Plaintiff is informed and believes, and upon such  information and belief avers, that Defendant may be continuing to send unsolicited  advertisements via facsimile transmission in violation of the TCPA and the regulations  promulgated thereunder, and absent intervention by this Court, will do so in the future.   40.  The TCPA is a strict liability statute, so Defendant is liable to Plaintiff and the  other class members even if its actions were only negligent.   41.  Defendant knew or should have known that (a) Plaintiff and the other class  members had not given prior express invitation or permission for Defendant or anybody else to  fax advertisements about the availability or quality of Defendant’s property, goods, or services to  be bought or sold; (b) Plaintiff and the other class members did not have an established business  relationship; (c) Defendant transmitted advertisements; and (d) the Fax did not contain the  required Opt-Out Notice.   64.1200(a)(4).  Excluded from the Class are Defendant, its officers, directors, shareholders, employees and  agents, and members of the Judiciary. Plaintiff seeks to certify a class that includes but is not  limited to the fax advertisements sent to Plaintiff. Plaintiff reserves the right to amend the class  definition upon completion of class certification discovery.  