32.  Plaintiff brings this class action on behalf of itself and all others similarly situated  under rules 23(a) and 23(b)(1)-23(b)(3) of the Federal Rules of Civil Procedure.   34.  Classes A, B and C are hereinafter referred to collectively as the Classes.   35.   Numerosity: The Classes are so numerous that joinder of all individual members  in one action would be impracticable. The disposition of the individual claims of the respective  class members through this class action will benefit both the parties and this Court.    36.  Upon information and belief there are, at a minimum, thousands of class members  of Classes A and B and at least hundreds of class members of Class C.   37.  Upon information and belief, the Classes’ sizes and the identities of the individual  members thereof are ascertainable through Defendant’s records, including, but not limited to  Defendant’s fax and marketing records.   38.   Members of the Classes may be notified of the pendency of this action by  techniques and forms commonly used in class actions, such as by published notice, e-mail notice,  website notice, fax notice, first class mail, or combinations thereof, or by other methods suitable  to this class and deemed necessary and/or appropriate by the Court.    39.  Typicality:  Plaintiff’s claims are typical of the claims of the members of Class A.  The claims of the Plaintiff and members of Class A are based on the same legal theories and  arise from the same unlawful conduct.   41.  Plaintiff’s claims are typical of the claims of the members of Class B. The claims  of the Plaintiff and members of Class B are based on the same legal theories and arise from the  same unlawful conduct.   42.  Plaintiff and members of Class B each received at least one fax advertisement,  which Defendants sent or caused to be sent by facsimile, computer or other device, advertising  the commercial availability or quality of any property, goods, or services, which contained a  purported opt-out notice, substantially similar or identical to one of those contained on the fax  advertisements sent to Plaintiff that are attached hereto as Exhibit A or did not contain an opt-out  notice at all.   43.  Plaintiff’s claims are typical of the claims of the members of Class C.  The claims  of the Plaintiff and members of Class C are based on the same legal theories and arise from the  same unlawful conduct.   45.  Common Questions of Fact and Law:  There is a well-defined community of  common questions of fact and law affecting the Plaintiff and members of the Classes.   47.  The questions of fact and law common to Plaintiff and Class B predominate over  questions which may affect individual members and include the following:  (a) Whether Defendants’ conduct of sending and/or causing to be sent to Plaintiff and the  members of Class B, by facsimile, computer or other device, fax advertisements, which  advertised the commercial availability or quality of any property, goods, or services and  which contained a purported opt-out notice, substantially similar or identical to one of  those contained on the fax advertisements sent to Plaintiff that are attached hereto as  Exhibit A or did not contain an opt-out notice at all, violated 47 U.S.C. § 227(b);  (b) Whether Defendants’ conduct of sending and/or causing to be sent to Plaintiff and the  members of Class B, by facsimile, computer or other device, fax advertisements, which  advertised the commercial availability or quality of any property, goods, or services and  which contained a purported opt-out notice, substantially similar or identical to one of  those contained on the fax advertisements sent to Plaintiff that are attached hereto as  Exhibit A or did not contain an opt-out notice at all, was knowing or willful;    (c) Whether Plaintiff and the members of Class B are entitled to statutory damages, triple  damages and costs for Defendants’ acts and conduct; and   (d) Whether Plaintiff and members of Class B are entitled to a permanent injunction  enjoining Defendants from continuing to engage in their unlawful conduct.   49.  Adequacy of Representation:  Plaintiff is an adequate representative of the  Classes because Plaintiff’s interests do not conflict with the interests of the members of the  Classes. Plaintiff will fairly, adequately and vigorously represent and protect the interests of the  members of the Classes and has no interests antagonistic to the members of the Classes.  Plaintiff  has retained counsel who are competent and experienced in litigation in the federal courts, TCPA  litigation and class action litigation.   51.   Injunctive Relief:  Defendants have acted on grounds generally applicable to  Plaintiff and members of the Classes, thereby making appropriate final injunctive relief with  respect to Plaintiff and the Classes as a whole.  52.   Plaintiff repeats each and every allegation contained in all of the above  paragraphs and incorporates such allegations by reference.   53.  By Defendants’ conduct, described above, Defendants committed thousands of  violations of 47 U.S.C. § 227(b) against Plaintiff and the members of Class A to wit: the fax  advertisements Defendants sent and/or caused to be sent to Plaintiff and the members of Class A  were unsolicited and did not contain a notice meeting the requirements of 47 U.S.C.  § 227(b)(2)(D) and/or 47 C.F.R. § 64.1200(a)(3)(iii).  55.  By Defendants’ conduct described above, Defendants committed thousands of   violations of 47 U.S.C. § 227(b) against Plaintiff and the members of Class B to wit: the fax  advertisements Defendant sent and/or caused to be sent to Plaintiff and the members of Class B  were either unsolicited and did not contain a notice meeting the requirements of 47 C.F.R.  § 64.1200(a)(3)(iii) and/or  § 227(b)(2)(D), or were solicited and did not contain a notice  meeting the requirements of 47 C.F.R. § 64.1200(a)(3)(iii) as required by 47 C.F.R.  § 64.1200(a)(3)(iv).   56.  Plaintiff repeats each and every allegation contained in all of the above  paragraphs and incorporates such allegations by reference.   57.  By Defendants’ conduct, described above, Defendants committed at least  hundreds of violations of N.J.S.A. 56:8-158(a) against Plaintiff and the members of Class C to  wit: the fax advertisements Defendants sent and/or caused to be sent to Plaintiff and the members  of Class C were unsolicited and did not contain a notice meeting the requirements of N.J.S.A.  56:8-158(b).  