13. Upon information and belief, on or about February 2, 2015, Defendants without  Plaintiff’s express invitation or permission, arranged for and/or caused a telephone  facsimile machine, computer, or other device to send unsolicited fax advertisements  (hereinafter “the fax advertisements”), advertising the commercial availability or quality  of any property, goods, or services, to Plaintiff’s fax machine located in Eatontown,  New Jersey.     14. Copies of the fax advertisement are attached hereto as Exhibit A and are incorporated  herein by reference.   15. The fax advertisements attached hereto as Exhibit A was wholly unsolicited in that it  was sent to the Plaintiff by Defendants without Plaintiff’s express invitation or  permission.     16. The fax advertisement attached hereto as Exhibit A contains no opt-out notice in  violation of 47 U.S.C. §227(b)(2)(D).   17. Upon information and belief, Defendants either negligently, willfully and/or knowingly  arranged for and/or caused the fax advertisements to be sent to Plaintiff’s fax machine.   19. Upon information and belief, the facsimile advertisements described in the preceding  paragraph failed to contain a proper opt out notice, substantially similar or identical to  the fax advertisements sent to Plaintiff that are attached hereto as Exhibit A.  22. Plaintiff brings this action individually and on behalf of and all others similarly situated  (“the Class”).   24. 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.   25. Plaintiff and members of the Classes were harmed by the acts of Defendant in at least  the following ways: Defendant, either directly or through its agents, illegally contacted  Plaintiff and the Class members via their telephone facsimile machines by either: 1)  sending unsolicited fax advertisements; or 2) sending fax advertisements which failed to  properly inform Plaintiff and the class members of their ability to opt-out of receiving  such fax advertisements from Defendant in the future.  Plaintiffs and the Class members  were damaged thereby.   26. 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.   27. 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.   29. 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.   30. 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.   32. 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.    33. 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.  34. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as  though fully set forth herein at length.   35. 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.    36. The transmission of facsimiles to Plaintiff as set forth above, violated 47 U.S.C. §  227(b)(1)(C).    37. 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).   38. 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).  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)(2)(D).    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)(2)(D).   Individually, and on behalf of all others similarly  Civil Action No.:   situated,  Plaintiff,  -against-   Violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227   Violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227  