25.  Excluded from the Class are Defendants, their employees, agents, and  members of the judiciary.    27.  The TCPA prohibits 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).   28.  The TCPA 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 express invitation or  permission.”  47 U.S.C. § 227(a)(4).   30.  The TCPA also provides that the Court, in its discretion, may treble the  statutory damages if a defendant “willfully or knowingly” violated Section 227(b) or  the regulations prescribed thereunder.    31.  Defendants’ actions caused concrete and particularized harm to Plaintiff  and the Class, as  a.  receiving Defendants’ faxed advertisements caused the recipients to lose  paper and toner consumed in printing Defendants’ faxes;  b.  Defendants’ actions interfered with the recipients’ use of the recipients’  fax machines and telephone lines;  c.  Defendants’ faxes cost the recipients time, which was wasted time  receiving, reviewing, and routing the unlawful faxes, and such time  otherwise would have been spent on business activities; and  d.  Defendants’ faxes unlawfully interrupted the recipients’ privacy interests  in being left alone and intruded upon their seclusion.   32.  Defendants intended to cause damage to Plaintiff and the Class, to violate  their privacy, to interfere with the recipients’ fax machines, or to consume the  recipients’ valuable time with Defendants’ advertisements; therefore, treble damages  are warranted under 47 U.S.C. § 227(b)(3).   34.  Defendants violated the TCPA by transmitting the Fax to Plaintiff and  substantially similar facsimile advertisements to the other Class members without  obtaining their prior express invitation or permission. 