33.  Plaintiff Ryoo Dental is a single doctor dental office located in  Fullerton, California.    41.  Plaintiff brings this class action on behalf of the following class of  persons, hereafter, the “Class”:  All persons in the United States who, within four years of the  filing of this Complaint, subscribed to a telephone number that  received a facsimile message: (i) sent by or on behalf of  Defendants advertising Defendants’ products or services (ii) that  did not contain the “opt-out” noticed required by the TCPA.    42.  Excluded from the Class are Defendants, their employees, agents, and  members of the judiciary.    44.  Plaintiff incorporates the foregoing allegations as if fully set forth  herein.    45.  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).   46.  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).   47.  A sender may not transmit an advertisement unless: (i) it has an  established business relationship with the recipient, (ii) it obtained the facsimile  number voluntarily within the business relationship or the recipient voluntarily  disseminated its number to the public, and (iii) the advertisement includes the  requisite opt-out notice on the first page. See 47 U.S.C. §§ 227(b)(1)(C), (b)(2)(D);  47 C.F.R. § 64.1200(a)(4)(iii).    7.  The professional dental industry encompasses the diagnosis, treatment  and prevention of disease and ailments of the teeth, gums and supporting bone.    Violation of 47 U.S.C. § 227 (TCPA)  (On Behalf of Plaintiff and the Class)  