10. Discovery may reveal the transmission of additional faxes as well.   11. Defendant Locums, Inc., is responsible for sending or causing the sending of the faxes.  13. Defendant Locums, Inc., either negligently or wilfully violated the rights of Plaintiff and other recipients in sending the faxes.  14. Each fax refers to a website registered to Defendant Locums, Inc.  15. Plaintiff had no prior relationship with Defendant and had not authorized the sending of fax advertisements to Plaintiff.  16. The  fax does not contain an “opt out” notice in the form required by 47 U.S.C. § 227.  17. On information and belief, the fax attached hereto was sent as part of a mass broadcasting of faxes.  18. On information and belief, Defendant has transmitted similar unsolicited fax   advertisements to at least 40 other persons in Michigan.  19. 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. 20. Plaintiff incorporates ¶¶ 1-19.   21. 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).  23. 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.  24. Plaintiff and each class member is entitled to statutory damages.  25. Defendant violated the TCPA even if its actions were only negligent.  26. Defendant should be enjoined from committing similar violations in the future. 27. 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 by or on behalf of Defendant Locums, Inc., promoting its goods or services for sale (d) and which did not contain an opt out notice as described in 47 9. On July 15, 2014, Plaintiff Western Wayne Urgent Care, P.C. received the unsolicited fax advertisement attached as Exhibit A on its facsimile machine. 