11.1  co .= ........ 11.  On or about January, 2011, January 27, 2011 and August 14, 2012, Defendants  II transmitted by telephone facsimile machine three unsolicited faxes to Plaintiff. Copies of the  II three facsimiles are attached hereto as Exhibit A.   13.  Exhibit A is part of Defendants' work or operations to market Defendants' goods  2 1\ or services which were performed by Defendants and on behalf of Defendants. Therefore, Exhibit  3 II A constitutes material furnished in connection with Defendants' work or operations.  4   14.  Plaintiff had not invited or given permission to Defendants to send the faxes.  ~  ..~'   15.  On information and belief, Defendants faxed the same and similar ..unso-Itched  6 II facsimiles to Plaintiff and more than 40 other recipients without first receiving ~e recipients'  7 1\ express permission or invitation.  .~  I  8   16.  There is nO' reasonable means for Plaintiff (or any other class member) to' avoid  9 II receiving unauthO'rized faxes.  Fax machines are left on and ready to receive the urgent  c,..O ....l"" ....l::!!  1\ communications their owners desire to receive .  IiL~ ­ c5~=  11   17.  Defendants' facsimiles did not display a proper opt~out notice as required by 47  18.  In accordance with F. R. Civ. P. 23(b)(1), (b)(2)and (b)(3), Plaintiff brings this  l- ..0 a  ~~Vl  :::>  G)  II class action pursuant to the JFPA, on behalf ofthe following class. of persons:  :I: e  bl~  All persons who (l) on or after four years prior to the filing of this action, (2)  17 1/  were sent telephone facsimile messages of material advertising the commercial  26.  Plaintiff and the Plaintiff Class reassert and incoJiporate herein by reference the  17 II averments set for in paragraphs 1-25 above.  16   27.  The JFP A makes unlawful for any person to "use ~y telephone facsimile machine,  18  \  19 II computer or other device to send, to a telephone facsimile machine, an unsolicited advertisement  20 II ... " 47 U.S.C. § 227(b)(l)(C).  i   28.  The JFP A defines "unsolicited advertisement" as: "any material advertising the  22 II commercial availability or quality of any property, goods, or services which is transmitted to any  23 II person without that person's prior express invitation or permission, in writing or otherwise." 47  24 II U.S.C. § 227 (a) (5).  2S  21   I- ..0 c::  0:: I:: ""  ~WVl  Claim for Relief for Violation of the JFPA, 47 U.S.C. § 227 et seq. 15  ~ ~  bl~   u"Ou""  :Zt'<l~- Q ~ ~::!- 14  