10.  As used in both 47 U.S.C. § 227 and 47 C.F.R. 64.1200, "[t]he tenn 'unsolicited  advertisement' means any material advertising the commercial availability or quality of any  property, goods, or services which is transmitted to any person without that person's prior  express invitation or permission." (47 U.S.C. § 227(a)(4); 47 C.F.R. § 64.1200(t)(5).)   11.  Paragraph (3) of 4 7 U .S.C. § 227(b) provides:  (3) Private right of action  A person or entity may, if otherwise permitted by the laws or rules of court of a  State, bring in an appropriate court of that State- (A) an action based on a violation of this subsection or the regulations  prescribed under this subsection to enjoin such violation,  (B) an action to recover for actual monetary loss from such a violation, or to  receive $500 in damages for each such violation, whichever is greater, or  (C) both such actions.  If the court finds that the def endanl willfully or knowingly violated this  subsection or the regulations prescribed under this subsection, the court may, in  its discretion, increase the amount of the award to an amount equal to not more  than 3 times the amount available under subparagraph (8) of this paragraph.   12.  By accessing or using any part of DoctorsDirectory.com, users agree to the  Medical Professional User Agreement and Privacy Policy posted on that website, which make it  clear that the website's purpose is the collection of user data to use for marketing purposes. 1   13.  Dol:lorsDircctory.com nrnrkcts a numbers or sen ici:s lo assist it in the collection  or user contnct and internet usage data. including .. tools. applications. email. direct mail. phone  calls. faxes. text messages. bulletin und message boards, chat areas. nC\\S groups. forums.  communities. calendars and downlondablc mobile upplications related to the Site or proridcd  through the Site:·   14.  DoctorDirectory.com also shares with third-party advertisers users' personal  information personal information (such as name, specialty, NPI number, and country of  residence) and users' internet usage data and cookies, but disclaims that it "not control these  advertisers or other parties' use of cookies or web beacons or what they do with the infonnation  they collect."   16.  User information collected includes, but is not limited to name, password, postal  address, degree, specialty, e-mail address, phone number, fax number, State of Licensure, NPI,  DEA, AMA and/or ME Number, affiliations, conditions treated, health plans, languages spoken  and demographic information.   17.  Once DoctorDircctory.com succcssfully solicits and indiddual to its site.  including. through fa\cs such as the one at bar. it usc'> the personal conuict and imcrncl usage  information it collects to send users ··promotional/marketing information, newsletters, research  opportunities, pharmaceutical product and clinical information, opportunities to request  authorized pharmaceutical samples, medical education opportunities and other offers and  information regarding opportunities and functionality that we think would be of particular  interest to" the particular user," which it delivers through ~·email messages, online messaging,  fa.xes, texts, telephone, and/or direct mail."  45.  Representative Plaintiff realleges and incorporates Paragraphs 1 through 36 above  as if fully set forth herein.   46.  The TCPA requires that all persons who send advertisements lo fax machines  must include an Opt-Out Notice fully compliant with FCC regulations enacted pursuant to the  TCPA found at 47 C.F.R. 64.1200(a)(3)(iii) and (iv).   47.  As a result of the foregoing, any members of the proposed Class who received a  facsimile from Defendants that did not include a fully compliant Opt·Out Notice are entitled to  $500.00 in damages for each fax transmission in violation of the TCPA pursuant to 4 7  U.S.C.§227(b)(3)(B).  49.  Defendants' actions willfully or knowingly violated the Telephone Consumer  Protection Act.   50.  As a result of the foregoing, the Court may, in its discretion, increase the amount  of the statutory damages up to an amount equal to $1,500.00 per TCPA violation pursuant to 4 7  U.S.C.§227(b )(3 )(C).   51.  The Court should use its discretion lo increase the amount of statutory damages to  an amount equal to $1,500.00 per TCPA violation due to the Defendants' willful or knowing  conduct.  9.  In pertinent part, 47 C.F.R. § 64.1200(a), a regulation prescribed under 47 U.S.C.  § 227(b) and effective as of December 20, 1992, provides that "No person may ... [u]se a  telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a  telephone facsimile machine."   COMES Now David Neurology, P.A. on behalf of itself and all other persons or entities  similarly situated, as Representative Plaintiff, and files this Class Action Complaint against the  Defendants, DoctorDirectory.com, LLC, Everyday Health, Inc., and John Does 1-10 and would  respectfully show the following:  DAVIS NEUROLOGY, P.A. on  behalf of itself and all other entities and  persons similarly situated,  Plaintiffs,  vs.  TREBLE DAMAGES   VIOLATIONS OF 47 USC §227 AND C.F.R. § 64.1200  