18.  In accordance with Fed. R. Civ. P. 23, Plaintiff brings this action on  behalf of the following class of persons (the “Class”):  All persons and entities who held telephone numbers that received one  or more telephone facsimile transmissions that (1) promoted the  commercial availability or quality of property, goods, or services  offered by “Qiagen,” and (2) did not (i) provide a toll-free telephone  number and facsimile number where the fax recipient may make a  request to the sender not to send any future ads nor (ii) inform the fax  recipient that the sender’s failure to comply within 30 days of such a  request is unlawful.   19.  Plaintiff reserves the right to modify or amend the definition of the  proposed Class before the Court determines whether certification is proper, as  more information is gleaned in discovery.    26.  Plaintiff hereby incorporates by reference each of the preceding  paragraphs as though fully set forth herein.   27.  The TCPA provides strict liability for sending fax advertisements in a  manner that does not comply with the statute. Recipients of fax advertisements  have a private right of action to seek an injunction or damages for violations of the  TCPA and its implementing regulations. 47 U.S.C. § 227(b)(3).   35.  Plaintiff hereby incorporates by reference each of the preceding  paragraphs as though fully set forth herein.   36.  The California Junk Fax Law states that “Unsolicited advertisement  means any material advertising the commercial availability or quality of any  property, goods, or services that is transmitted to any person or entity without that  person's or entity's prior express invitation or permission.”   37.  The California Junk Fax Law provides “it is unlawful for a person or  entity, if either the person or entity or the recipient is located within California, to  use any telephone facsimile machine, computer, or other device to send, or cause  another person or entity to use such a device to send, an unsolicited advertisement  to a telephone facsimile machine.”   Violations of the Telephone Consumer Protection Act   47 U.S.C. § 227(b)(1)(C) and 47 C.F.R. § 64.1200(a)(4)   Violations of the California Junk Fax Law  Cal. Bus. and Prof. Code Section 17538.43  