10.  Defendant contacted Plaintiff between on or around December of  2016 in an effort to solicit its business.   11.  Defendant’s messages constituted “telephone solicitation” as defined  by the TCPA, 47 U.S.C. § 227(a)(4) and “unsolicited advertisement” as defined by  the TCPA, 47 U.S.C. § 227(a)(5).   12.  Defendant used an “telephone facsimile machine” as defined by 47  U.S.C. § 227(a)(3) to place its calls to Plaintiff seeking to sell or solicit its business  services.   13.  Defendant’s calls constituted calls that were not for emergency  purposes as defined by 47 U.S.C. § 227(b)(1)(A).   14.  Defendant’s calls were placed to telephone facsimile numbers  assigned to a telephone service for which Plaintiff incurs a charge for incoming  messages.    15.  Plaintiff is not a customer of Defendant’s services and has never  provided any personal information, including his telephone facsimile number(s), to  Defendant for any purpose whatsoever. Accordingly, Defendant never received  Plaintiff’s “prior express consent” to receive calls using a telephone facsimile  machine pursuant to 47 U.S.C. § 227(b)(1)C).     18.  Plaintiff brings this action on behalf of himself and all others similarly  situated, as a member of the proposed class (hereafter “The Class”) defined as  follows:  All persons within the United States who received any  telephone facsimile messages from Defendant to said  person’s telephone facsimile number made through the  use of any telephone facsimile machine and such person  had not previously consented to receiving such messages  and such messages did not contain any opt-out notice  within the four years prior to the filing of this Complaint   19.  Plaintiff represents, and is a member of, The Class, consisting of All  persons within the United States who received any telephone facsimile messages  from Defendant to said person’s telephone facsimile number made through the use  of any telephone facsimile machine and such person had not previously not  provided their telephone facsimile number to Defendant within the four years prior  to the filing of this Complaint, nor did the telephone facsimile message contain an  opt-out notice.   20.  Defendant, its employees and agents are excluded from The Class.   Plaintiff does not know the number of members in The Class, but believes the Class  members number in the thousands, if not more. Thus, this matter should be certified  as a Class Action to assist in the expeditious litigation of the matter.   8.  Beginning in or around December of 2016, Defendant contacted  Plaintiff on its telephone facsimile number ending in  -8083 in an effort to sell or  solicit its services.    9.  Defendant contacted Plaintiff via facsimile from telephone numbers  confirmed to belong to Defendant, including without limitation (801) 437-2019.   Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity): LENGTH OF TRIAL via ______ days estimated (for both sides to try entire case) Knowing and/or Willful Violations of the Telephone Consumer Protection Act   47 U.S.C. §227 et seq.  • As a result of Defendant’s willful and/or knowing violations of 47  U.S.C. §227(b)(1), Plaintiff and the Class members are entitled to   and request treble damages, as provided by statute, up to $1,500, for  each and every violation, pursuant to 47 U.S.C. §227(b)(3)(B) and 47  U.S.C. §227(b)(3)(C); and   • Any and all other relief that the Court deems just and proper.  