13.  On or about December 27, 2016, New Leaf Recovery Services, P.C., received the  unsolicited fax advertisement attached as Exhibit A on its facsimile machine, from “Curexa.”   14.  Discovery may reveal the transmission of additional faxes as well.    15.  Defendants are responsible for sending or causing the sending of the fax.   16.  Defendants, as the persons whose products or services were advertised in the fax,  derived economic benefit from the sending of the fax.   17.  Defendants either negligently or wilfully violated the rights of plaintiff and other  recipients in sending the fax.   18.  Plaintiff had no prior relationship with defendant and had not authorized the  sending of fax advertisements to plaintiff.   19.  On information and belief, no patient authorized the sending of fax advertisement  to plaintiff.   20.   The fax was sent to plaintiff in an effort to advance the sale of defendant’s  products or services.   22.  The fax did not contain an opt-out notice that complied with 47 U.S.C. §227.   23.  On information and belief, the fax attached hereto was sent as part of a mass  broadcasting of faxes.   24.  On information and belief, defendants have transmitted similar unsolicited fax  advertisements to at least 40 other persons in Pennsylvania.   25.  There is no reasonable means for plaintiff or other recipients of defendants’  unsolicited advertising faxes to avoid receiving illegal faxes.  Fax machines must be left on and  ready to receive the urgent communications authorized by their owners.  26.  Plaintiff incorporates ¶¶ 1-22.    27.  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)(1)(C).   29.  Plaintiff and each class member suffered damages as a result of receipt of the  unsolicited faxes, in the form of paper and ink or toner consumed as a result.  Furthermore,  plaintiff’s statutory right of privacy was invaded.   30.  Plaintiff and each class member is entitled to statutory damages.   31.  Defendants violated the TCPA even if their actions were only negligent.   32.  Defendants should be enjoined from committing similar violations in the future.  33.  Pursuant to Fed.R.Civ.P. 23(a) and (b)(3), plaintiff brings this claim on behalf of a  class, consisting of (a) all persons (b) who, on or after a date four years prior to the filing of this  action (28 U.S.C. §1658), (c) were sent faxes from “Curexa” promoting goods or services for  sale (d) and which did not contain an opt out notice as described in 47 U.S.C. §227.   34.  The class is so numerous that joinder of all members is impractical.  Plaintiff  alleges on information and belief that there are more than 40 members of the class.   36.  Plaintiff will fairly and adequately protect the interests of the class. Plaintiff has  retained counsel experienced in handling class actions and claims involving unlawful business  practices.  Neither plaintiff nor plaintiff's counsel have any interests which might cause them not  to vigorously pursue this action.    37.  Plaintiff’s claims are typical of the claims of the class members.  All are based on  the same factual and legal theories.   38.  A class action is the superior method for the fair and efficient adjudication of this  controversy.  The interest of class members in individually controlling the prosecution of  separate claims against defendants is small because it is not economically feasible to bring  individual actions.   40.  Management of this class action is likely to present significantly fewer difficulties  that those presented in many class actions, e.g. for securities fraud.  WHEREFORE, plaintiff requests that the Court enter judgment in favor of plaintiff and  the class and against defendant for:   a.  Actual damages;  b.  Statutory damages;  c.  An injunction against the further transmission of unsolicited fax  advertising;  d.  Costs of suit;  e.         An order certifying this action to be a proper class action pursuant to      Federal Rule of Civil Procedure 23, establishing an appropriate Classes  the Court deems appropriate, finding that plaintiff is a proper   representative of the Class, and appointing the lawyers and law firms  representing plaintiff as counsel for the Class;  f.  Such other or further relief as the Court deems just and proper.  Respectfully submitted, 