29.  Plaintiff brings this class action on behalf of the following class of  persons, hereafter, the “Class”:  All persons in the United States who on or after four years prior to the  filing of this action, (1) were sent by or on behalf of Defendants a  telephone facsimile message of material advertising the commercial  availability or quality of any property, goods, or services, (2) with  respect to whom Defendants cannot provide evidence of prior express  invitation or permission for the sending of such fax or (3) with whom  Defendants did not have an established business relationship, and (4)  the fax identified in subpart (1) of this definition (a) did not display a  clear and conspicuous opt-out notice on the first page stating that the  recipient may make a request to the sender of the advertisement not to  send any future advertisements to a telephone facsimile machine or  machines and that failure to comply, within 30 days, with such a request  meeting the requirements under 47 C.F.R. § 64.1200(a)(4)(v) is  unlawful, (b) lacked a telephone number for sending the opt-out  request, or (c) lacked a facsimile number for sending the opt-out  request.    30.  Excluded from the Class are Defendants, their employees, agents,  and members of the judiciary.   