3.  Private right of action. A person may, if otherwise  permitted by the laws or rules of court of a state, bring in an  appropriate court of that state:  (A)  An action based on a violation of this subsection or  the regulations prescribed under this subsection to enjoin such  violation,  (B)  An action to recover for actual monetary loss fi·om  such a violation, or to receive $500 in damages for each such  violation, whichever is greater. or  (C)  Both such actions.  47 U.S.C. § 227(b)(3)   45.  Plaintiff incorporates paragraphs 1 - 31 above as if set forth herein at length.   46.  The TCPA makes unlawful the "use of any telephone facsimile machine,  computer or other device to send an unsolicited advertisement to a telephone facsimile machine."  47 U.S.C. § 227(b)(l)(C).  4 7.  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 express invitation or permission." 47 U.S.C. § 227(a)(4).   48.  The TCPA provides:   49.  The TCP A is a strict liability statute, so Defendants are liable to Plaintiff and the  other class members even if their actions were only negligent.   51.  Defendants violated the TCPA by transmitting Exhibit A, or an unsolicited  advertisement substantially similar thereto, to Plaintiff and the other members of the Class  without obtaining their prior pennission or invitation.  52.  Plaintiff incorporates paragraphs 1 - 31 above as if set forth herein at length.   53.  The acts, practices and conduct engaged in by the Defendants and complained of  herein constitute "deceptive acts and practices" within the meaning of Article 22A of the General  Business Law of the State ofNew York, NY GBL § 349.   54.  Defendants willfully and knowingly engaged in conduct constituting deceptive  acts and practices in violation ofNY GBL § 349.  