10. Discovery may reveal the transmission of additional faxes as well.   11. Enterprise Medical Services is responsible for sending or causing the sending of the fax.  13. Enterprise Medical Services either negligently or wilfully violated the rights of Plaintiff and other recipients in sending the fax.  14. Plaintiff had no prior relationship with Defendant and had not authorized the sending of fax advertisement to Plaintiff.  15. The fax does not contain an “opt out” notice that complies with 47 U.S.C. §227.  16. On information and belief, the fax attached hereto was sent as part of a mass broadcasting of faxes.  17. On information and belief, Defendant has transmitted similar unsolicited fax advertisements to at least 40 other persons in Michigan.  18. There is no reasonable means for Plaintiff or other recipients of Defendant’s 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. 19. Plaintiff incorporates ¶¶ 1-18.   20. 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).  22. 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.  23. Plaintiff and each class member is entitled to statutory damages.  24. Defendant violated the TCPA even if its actions were only negligent.  25. Defendant should be enjoined from committing similar violations in the future. 26. 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) and were sent faxes by or on behalf of Defendant Enterprise Medical Services promoting its goods or services for sale, (d) and which did not contain an opt out notice as described in 47 U.S.C. §227.  27. 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.  29. 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.   30. Plaintiff’s claims are typical of the claims of the class members.  All are based on the same factual and legal theories.  31. 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 Defendant is small because it is not economically feasible to bring individual actions.  9. On August 4, 2015, Western Wayne received the unsolicited fax advertisement attached as Exhibit A on its facsimile machine. 