TCPA Claims NOT Assignable
Home Up Registry Info Articles Junk Fax Cases Federal Laws Resource Sites TCPA Documents FTC No Call Info MBA's Response True Income Congressional Case Law Info Cases Filed Member Area

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)




This web site should by no means be taken as legal advise.  If you wish to utilize the information contained on this site, it is always best to consult an attorney.