McKenna v. Piaggio
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1-3-2005  TCPA Litigation King Pin attorney Andrew Quiat's Boulder Colorado case 04CV997 (Plaintiff: Douglas M. McKenna) is ruled on by District Judge D.D. Mallard.  
COURT FINDS: "No Subject Matter Jurisdiction to hear TCPA claims brought prior to August 2004".  CCPA Claims remain if a CCPA violation exists. View Order Click HERE (File Size 1 Meg)
The issue of assigning CCPA claims now comes into play.  Reviewing the statue may impact the current attorney enrichment scheme used by TCPA litigation firms.  The whole scheme currently utilized by these collection firms was clearly NOT the intent of the CCPA.  This whole scheme raises the question of "Champerty" (see below)

In law, champerty is the practice of participating in a lawsuit in order to share in the proceeds by a person not naturally a party to the lawsuit, that is, buying in to someone else's lawsuit. This practice is prohibited in some jurisdictions; in others, judges are considered to have the responsibility for policing such behavior.

 

 

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