Ordered that the order is reversed, on the law, with costs, and that branch of the defendant's motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action is denied.
The plaintiff alleged that the defendant sent unsolicited advertisements to him in violation of the Telephone Consumer Protection Act of 1991 (47 USC § 227) (hereinafter the TCPA), which makes it unlawful, inter alia, to use a telephone facsimile...
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