12.  At all times relevant to the complaint herein, Defendant engaged in  telecommunications by means of telephone facsimile machines as defined by the TCPA 47  U.S.C. § 227(a)(3).   13.  Upon information and belief, Defendant regularly advertises its goods and  services to recipients by transmitting fax advertisements.    14.  Upon information and belief, the faxes were sent by means of a telephone  facsimile machine that has the capacity to transcribe text or images, or both, from paper into an  electronic signal and to transmit that signal over a regular telephone line, or onto paper, and send  thousands of faxes per day to facsimile numbers that were preselected by Defendant.   15.  Upon information and belief, Defendant has no procedure or means for recipients  who do not consent to receiving the faxes to stop receiving them.       16.  In this instant case, Defendant had no prior established business relationship with  Plaintiff.  Plaintiff had never in the past used Defendant’s services, nor given Defendant consent  to receive unsolicited fax advertisements from Defendant.     17.  Within four (4) years prior to the commencement of this action, Defendant, or a  third party agent acting on behalf of Defendant, willfully and knowingly transmitted facsimiles  to Plaintiff that advertised the commercial availability or quality of property, goods, or services.   19.   Defendant’s facsimile advertisement further failed to properly advise Plaintiff of  the right, method or process of how to opt-out of receiving further such facsimile advertisements  from Defendant in the future.  See Exhibit A.   20.  Plaintiff did not give Defendant, or any third party acting on behalf of Defendant,  prior express invitation or permission to transmit the aforementioned facsimiles, thereby  rendering them unsolicited.   21.  Plaintiff did not agree to make available its facsimile number for advertisement in  a directory.    22.  Defendant transmitted at least one (1) unsolicited advertisement to Plaintiff.   Discovery may reveal the transmission of additional faxes.    24.  Defendant failed to provide the proper notice to Plaintiff and the putative class  members of the method and/or process of how to opt-out of receiving such future facsimile  advertisements with  the all of the requirements of 47 U.S.C. § 227(b)(2)(D).   26.  Defendant, whose products or services were advertised, or whose clients’ and/or  agents’ products or services were advertised in the faxes, derived economic benefit from the  sending of these faxes.   27.  Plaintiff brings this action individually and on behalf of and all others similarly  situated (“the Class”).   28.  Plaintiff represents, and is a member of, the Classes, consisting of:  a. All persons in the United States who received any unsolicited fax advertisement  on their telephone facsimile machines from Defendant or its agents(s) and/or  employee(s) within the four years prior to the filing of the Complaint.  b. All persons in the United States who received any unsolicited fax advertisement  on their telephone facsimile machines from Defendant or its agent(s) and/or  employee(s) where said advertisements failed to properly notify the recipient of  their ability to opt-out of receiving such fax advertisements from Defendant in the  future.   29.  Defendant and its employees or agents are excluded from the Classes.  Plaintiff  does not know the number of members in the Classes, but believe the Class members number in  the thousands, if not more.  Thus, this matter should be certified as a Class action to assist in the  expeditious litigation of this matter.   31.  This suit seeks only damages and injunctive relief for recovery of economic injury  on behalf of the Class, and it expressly is not intended to request any recovery for personal injury  and claims related thereto.  Plaintiff reserves the right to expand the Class definition to seek  recovery on behalf of additional persons as warranted as facts are learned in further investigation  and discovery.   32.  The joinder of the Class members is impractical and the disposition of their  claims in the Class action will provide substantial benefits both to the parties and to the court.   The Class can be identified through Defendant’s records or Defendant’s agents’ records.   34.  As a recipient of unsolicited fax advertisements from Defendant and of fax  advertisements which failed to properly advise of Plaintiff’s ability to opt-out, Plaintiff is  asserting claims that are typical of the Class.  Plaintiff will fairly and adequately represent and  protect the interests of the Classes in that Plaintiff has no interests antagonistic to any member of  the Classes.   35.  Plaintiff and the members of the Classes have all suffered irreparable harm as a  result of the Defendant’s unlawful and wrongful conduct.  Absent a class action, the Classes will  continue to face the potential for irreparable harm.  In addition, these violations of law will be  allowed to proceed without remedy and Defendant will likely continue such illegal conduct.   Because of the size of the individual Class member’s claims, few, if any, Class members could  afford to seek legal redress for the wrongs complained of herein.   36.  Plaintiff has retained counsel experienced in handling class action claims and  claims involving violations of the Telephone Consumer Protection Act.   37.  A class action is a superior method for the fair and efficient adjudication of this  controversy.  Class-wide damages are essential to induce Defendant to comply with federal and  state laws.  The interest of Class members in individually controlling the prosecution of separate  claims against Defendant is small because the maximum statutory damages in an individual  action for violation of privacy are minimal.  Management of these claims is likely to present  significantly fewer difficulties than those presented in many class claims.    38.  Defendant has acted on grounds generally applicable to the Classes, thereby  making appropriate final injunctive relief and corresponding declaratory relief with respect to the  Class as a whole.  40.  At all times herein, Plaintiff was and is entitled to the rights, protections and  benefits provided under the Telephone Consumer Protection Act, 47 U.S.C. § 227.    41.  The transmission of facsimiles to Plaintiff as set forth above, violated 47 U.S.C. §  227(b)(1)(C).    42.  Based upon the foregoing, Plaintiff is entitled to statutory damages pursuant to 47  U.S.C. § 227(b)(3)(B) and 227(b)(3)(C).   43.  Based upon the foregoing, Plaintiff is entitled to an Order, pursuant to 47 U.S.C. §  227(b)(3)(A), enjoining Defendant from transmitting any advertisements in violation of 47  U.S.C. § 227(b)(1)(C).  44.  Plaintiff incorporates by reference all of the above paragraphs of this Complaint  as though fully set forth herein at length.   45.  At all times herein, Plaintiff was and is entitled to the rights, protections and  benefits provided under the Telephone Consumer Protection Act, 47 U.S.C. § 227.    46.  The transmission of facsimiles to Plaintiff as set forth above, violated 47 U.S.C. §  227(b)(2)(D).    47.  Based upon the foregoing, Plaintiff is entitled to statutory damages pursuant to 47  U.S.C. §§ 227(b)(3)(B) and 227(b)(3)(C).   Violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227   Violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227  