COLLECTION ATTORNEYS' "TCPA
TREASURE SHIP" FOUNDERS UPON THE ROCKS OF ASSIGNABILITY: Admiral
Quiat, Esq., Captain Ball, Esq. and First Officer Demirali, Esq. washed
over board; may join actual "bottom feeders" near wreck
site. Those who assigned TCPA claims
may face rough seas without life jackets.
Chief Judge Lewis T. Babcock of the Federal District Court of Colorado, on
March 28th 2005, issued an "outcome-determinative" ruling in the
diversity jurisdiction case
of US FAX LAW CENTER, INC v. IHIRE, INC. (Civil Case No. 04-B-344).
Judge Babcock finds that "Junk Faxes" are NOT ASSIGNABLE for the
following reasons:
 | The claims are, at the heart of the issue, in
the nature of personal claims for invasion of privacy.
"...a cause of action for invasion of privacy is not assignable
and cannot be maintained by persons other than the individual whose
privacy is invaded..." (See top of page 5 Babcock
Decision)
|
| Plaintiff herein, as assignee, lacks standing
to bring TCPA claims. (See lower middle of page 6 Babcock
Decision)
|
| TCPA claims are not assignable because the
TCPA is penal in nature. "...Generally, the right to recover a penalty
is not assignable..." (See bottom of page 6 Babcock
Decision) |
VIEW ORDER Click
HERE |
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