13.  On information and belief, Defendants receive some or all of the revenues from  the sale of the products, goods and services advertised on Exhibit A, and Defendants profit and  benefit from the sale of the products, goods and services advertised on Exhibit A.   14.  Plaintiff did not give prior express invitation or permission to Defendants to send  the fax.    15.  On information and belief, Defendants faxed the same and other unsolicited  facsimiles to Plaintiff and at least 40 other recipients or sent the same and other advertisements  by fax without first receiving the recipients’ express invitation or permission or without having  an established business relationship as defined by the TCPA and its regulations.    16.  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.  Class Size (Fed. R. Civ. P. 23(a)(1)): Plaintiff is informed and believes, and upon  such information and belief avers, that the number of persons and entities of the Plaintiff Classes  is numerous and joinder of all members is impracticable. Plaintiff is informed and believes, and  upon such information and belief avers, that the number of class members is at least forty.   20.  Typicality (Fed. R. Civ. P. 23 (a) (3)):  The Plaintiff's claims are typical of the  claims of all class members. The Plaintiff received the same or similar faxes as the faxes sent by  or on behalf of the Defendants advertising products, goods and services of the Defendants during  the Class Period. The Plaintiff is making the same claims and seeking the same relief for itself  and all class members based upon the same federal statute. The Defendants have acted in the  same or in a similar manner with respect to the Plaintiff and all the class members by sending  Plaintiff and each member of the classes the same or similar faxes or faxes which did not contain  the proper opt-out language or were sent without prior express invitation or permission.   21.  Fair and Adequate Representation (Fed. R. Civ. P. 23 (a) (4)):  The Plaintiff will  fairly and adequately represent and protect the interests of the class members. It is interested in  this matter, has no conflicts, and has retained experienced class counsel to represent the class.   22.  Need for Consistent Standards and Practical Effect of Adjudication (Fed. R. Civ.  P. 23 (b) (1)):  Class certification is appropriate because the prosecution of individual actions by  class members would: (a) create the risk of inconsistent adjudications that could establish  incompatible standards of conduct for the Defendants, and/or (b) as a practical matter,  adjudication of the Plaintiff's claims will be dispositive of the interests of class members who are  not parties.   25.  The JFPA makes it 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).   26.  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.  Defendants’ Other Violations.  Plaintiff is informed and believes, and upon such  information and belief avers, that during the period preceding four years of the filing of this  Complaint and repeatedly thereafter, Defendants have sent via facsimile transmission from  telephone facsimile machines, computers, or other devices to telephone facsimile machines of  members of the Plaintiff Class other faxes that constitute advertisements under the JFPA that  were transmitted to persons or entities without their prior express invitation or permission. By  virtue thereof, Defendants violated the JFPA.  Plaintiff is informed and believes, and upon such  information and belief avers, that Defendants may be continuing to send unsolicited  advertisements via facsimile transmission in violation of the JFPA and the regulations  promulgated thereunder, and absent intervention by this Court, will do so in the future.   30.  The TCPA/JFPA provides a private right of action to bring this action on behalf  of Plaintiff and the Plaintiff Class to redress Defendants’ violations of the Act, and provides for  statutory damages. 47 U.S.C. § 227(b)(3). The Act also provides that injunctive relief is  appropriate. Id.   31.  The JFPA is a strict liability statute, so the Defendants are liable to the Plaintiff  and the other class members even if their actions were only negligent.  