30.  Plaintiff brings this class action on behalf of itself and all others similarly  situated under rules 23(a) and 23(b)(1)-23(b)(3) of the Federal Rules of Civil Procedure.   32.  Classes A, B and C are hereinafter referred to collectively as the Classes.   33.   Numerosity: The Classes are so numerous that joinder of all individual  members in one action would be impracticable. The disposition of the individual claims  of the respective class members through this class action will benefit both the parties and  this Court.    34.  Upon information and belief there are, at a minimum, tens of thousands of  class members of Classes A and B and at least thousands of class members of Class C.   35.  Upon information and belief, the Classes’ sizes and the identities of the  individual members thereof are ascertainable through Defendant’s records, including, but  not limited to Defendant’s fax and marketing records.   37.  Typicality:  Plaintiff’s claims are typical of the claims of the members of  Class A. The claims of the Plaintiff and members of Class A are based on the same legal  theories and arise from the same unlawful conduct.   38.  Plaintiff and members of Class A each received at least one fax  advertisement, advertising the commercial availability or quality of any property, goods,  or services, which contained an opt-out notice that was identical or substantially similar  to the opt-out notice contained in the fax attached hereto as Exhibit A, which Defendant  sent or caused to be sent without Plaintiff’s and the members of Class A’s express  permission or invitation.   39.  Plaintiff’s claims are typical of the claims of the members of Class B. The  claims of the Plaintiff and members of Class B are based on the same legal theories and  arise from the same unlawful conduct.   40.  Plaintiff and members of Class B each received at least one fax  advertisement, advertising the commercial availability or quality of any property, goods,  or services, which contained an opt-out notice that was identical or substantially similar  to the opt-out notice contained in the fax attached hereto as Exhibit A    41.  Plaintiff’s claims are typical of the claims of the members of Class C. The  claims of the Plaintiff and members of Class C are based on the same legal theories and  arise from the same unlawful conduct.   42.  Plaintiff and members of Class C each received at least one fax  advertisement, advertising the commercial availability or quality of any property, goods,  or services which Defendant sent or caused to be sent without Plaintiff’s and the  members of Class C’s express permission or invitation.   44.  The questions of fact and law common to Plaintiff and Class A  predominate over questions which may affect individual members and include the  following:  (a) Whether Defendant’s conduct of sending and/or causing to be sent to Plaintiff  and the members of Class A fax advertisements without Plaintiff’s and members  of Class A’s express invitation or permission, which advertised the commercial  availability or quality of any property, goods, or services and which contained an  opt-out notice that was substantially similar to the opt-out notice contained in the  fax attached hereto as Exhibit A, by facsimile, computer or other device violated  47 U.S.C. § 227(b) and/or the regulations thereunder;  (b) Whether Defendant’s conduct of sending and/or causing to be sent to Plaintiff  and the members of Class A unsolicited fax advertisements, which advertised the  commercial availability or quality of any property, goods, or services and which  contained an opt-out notice that was identical or substantially similar to the opt- out notice contained in the fax attached hereto as Exhibit A, by facsimile,  computer or other device, was knowing or willful;    (c) Whether Plaintiff and the members of Class A are entitled to statutory  damages, triple damages and costs for Defendant’s acts and conduct; and   (d) Whether Plaintiff and members of Class A are entitled to a permanent  injunction enjoining Defendant from continuing to engage in their unlawful  conduct.   47.  Adequacy of Representation:  Plaintiff is an adequate representative of the  Classes because Plaintiff’s interests do not conflict with the interests of the members of  the Classes. Plaintiff will fairly, adequately and vigorously represent and protect the  interests of the members of the Classes and has no interests antagonistic to the members  of the Classes.  Plaintiff has retained counsel who is competent and experienced in  litigation in the federal courts, TCPA litigation and class action litigation.   49.   Injunctive Relief:  Defendant has acted on grounds generally applicable to  Plaintiff and members of the Classes, thereby making appropriate final injunctive relief  with respect to Plaintiff and the Classes as a whole.  50.   Plaintiff repeats each and every allegation contained in all of the above  paragraphs and incorporates such allegations by reference.   51.  By Defendant’s conduct, described above, Defendant committed more  than ten-thousand (10,000) violations of 47 U.S.C. § 227(b) against Plaintiff and the  members of Class A to wit: the fax advertisements Defendant sent and/or caused to be  sent to Plaintiff and the members of Class A were unsolicited and did not contain a notice  meeting the requirements of 47 U.S.C. § 227(b)(2)(D) and/or 47 C.F.R. §   52.  Accordingly, Plaintiff and the members of Class A are entitled to statutory  damages under 47 U.S.C. § 227(b) in an amount greater than five million dollars  ($5,000,000), jointly and severally from the Defendant.   54.  Plaintiff repeats each and every allegation contained in all of the above  paragraphs and incorporates such allegations by reference.   55.  By Defendant’s conduct described above, Defendant committed more than  ten-thousand (10,000) violations of 47 U.S.C. § 227(b) against Plaintiff and the members  of Class B to wit: the fax advertisements Defendant sent and/or caused to be sent to  Plaintiff and the members of Class B were either unsolicited and did not contain a notice  meeting the requirements of 47 C.F.R. § 64.1200(a)(3)(iii) and/or  § 227(b)(2)(D) , or  were solicited and did not contain a notice meeting the requirements of 47 C.F.R. §   56.  Accordingly, Plaintiff and the members of Class B are entitled to statutory  damages under 47 U.S.C. § 227(b) in an amount greater than five million dollars  ($5,000,000) from the Defendant.   57.  If it is found that Defendant willfully and/or knowingly sent and/or caused  to be sent fax advertisements which did not contain a notice meeting the requirements of  47 C.F.R. § 64.1200(a)(3)(iii) to Plaintiff and the members of Class B,   Plaintiff requests  an increase by the Court of the damage award against Defendant, described in the  preceding paragraph, to three times the amount available under 47 U.S.C. § 227(b)(3)(B),  as authorized by 47 U.S.C. § 227(b)(3) for willful or knowing violations.  59.  By Defendant’s conduct, described above, Defendant committed  numerous violations of Conn. Gen. Stat. § 52-570c(a) against Plaintiff and the members  of Class C to wit: the fax advertisements Defendant sent and/or caused to be sent to  Plaintiff and the members of Class C were unsolicited by Plaintiff and the members of  Class C;   60.  Accordingly, pursuant to Conn. Gen. Stat. § 52-570c(d), Plaintiff and the  members of Class C are entitled to statutory damages in an amount to be determined at  trial, and the attorneys fees and costs of this action.  61.    Plaintiff repeats each and every allegation contained in all of the above  paragraphs and incorporates such allegations by reference.   62.  As described above, upon information and belief, Defendant committed  numerous violations of 47 U.S.C. § 227(b) and Conn. Gen. Stat. § 52-570c(a).   63.  Accordingly, under 47 U.S.C. § 227(b)(3)(A) and Conn. Gen. Stat. § 52- 570c(d), Plaintiff and the members of the Classes are entitled to an injunction against  Defendant, prohibiting Defendant from committing further violations of the above- mentioned statutes and regulations.  64.1200(a)(3)(iii) as required by 47 C.F.R. § 64.1200(a)(3)(iv).   64.1200(a)(3)(iii);  