1.  a statement that the recipient is legally entitled to opt-out of receiving future  faxed advertisements – knowing that he or she has the legal right to request an opt- out gives impetus for recipients to make such a request, if desired;    11.  On or about April 1, 2016, Defendant transmitted by telephone facsimile machine  an unsolicited fax to Plaintiff. A copy of the facsimile is attached hereto as Exhibit A.    12.  Atomo Dental profited by and received the benefits of marketing its products and is  a responsible party under the JFPA.    13.  Defendant created or made Exhibit A, which Defendant knew or should have known  advertises Defendant’s goods or products (namely, its dental products) that Defendant intended to  and did in fact distribute to Plaintiff and the other members of the class.    14.  Exhibits A is part of Defendant’s work or operations to market Defendant’s goods  or services which are performed by Defendant and/or on behalf of Defendant. Therefore, Exhibit A  constitutes material furnished in connection with Defendant’s work or operations.    15.  Plaintiff had not invited or given permission to Defendant to send the Fax and had  no prior relationship with Defendant.    16.  On information and belief, Defendant faxed the same unsolicited facsimile to  Plaintiff and more than 40 other recipients without first receiving the recipients’ express permission  or invitation.    17.  There is 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.    18.  Defendant’s facsimile did not display a proper opt-out notice as required by 47  C.F.R. 64.1200 because it did not apprise recipients of their legal right to opt out.   26.  Plaintiff and the Plaintiff Class reassert and incorporate herein by reference the  averments set for in paragraphs 1-25 above.    27.  The JFPA makes 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).    28.  The JFPA 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).    29.  The faxes sent by Defendant advertised Defendant’s dental supplies, were  commercial in nature, and are advertisements under the TCPA.   30.  Plaintiff and the other class members never gave prior express consent to receive the  faxes.    31.  Opt-Out Notice Requirements. The JFPA strengthened the prohibitions against the  sending of unsolicited advertisements by requiring, in §(b)(1)(C)(iii) of the Act, that senders of  faxed advertisements place a clear and conspicuous notice on the first page of the transmission that  contains the following among other things (hereinafter collectively the “Opt-Out Notice  Requirements”):    Claim for Relief for Violation of the JFPA, 47 U.S.C. § 227, et seq.  