US FAX LAW CENTER, INC. v. IHIRE, INC.

Nos. 05-1325, 05-1441, 05-1447, 05-1465, 05-1521, 05-1523.

476 F.3d 1112 (2007)

US FAX LAW CENTER, INC., a Colorado corporation, Plaintiff-Appellant, v. IHIRE, INC., n/k/a Value Asset Leasing, Inc., a Maryland corporation; iHire, LLC, a Delaware limited liability company; David MacFadyen, individually and in his official capacity as President and CEO of iHire, n/k/a Value Asset Leasing, Inc.; Donald MacFadyen, individually and in his official capacity as a Director of iHire, n/k/a/ Value Asset Leasing, Inc.; Jason MacFadyen, individually and in his official capacity as a Director of iHire, n/k/a Value Asset Leasing, Inc.; Melvin Coursey, individually; Megan Coursey, individually; R.J. Friedlander, individually; Mack Friedlander, individually; Katie Friedlander, individually; Laurie Bryan, individually; Alana Craft-Denton, individually; Eric Hartman, individually; Dawn Bair, individually; Richard McInyre, individually; Bernard Hoffman, individually; Loma Hoffman, individually; Malory Factor, individually; Eric Von Hippel, individually; Greg Williams, individually; Shawn Parker, individually; Ron Goldberg, individually; John Estep, individually; Butch Fisher, individually; Janine Rathburn, individually, Defendants-Appellees. Consumer Crusade, Inc., a Colorado corporation, Plaintiff-Appellant, v. Sunbelt Communications and Marketing, LLC, a Nevada limited liability company; Lara L. Horne-Albrecht, its officers and directors, Defendants-Appellees. Consumer Crusade, Inc., a Colorado corporation, Plaintiff-Appellant, v. Scientific Research Group, Inc., a Florida corporation; Brian McClintock, its officer(s) and director(s), Defendants-Appellees. Consumer Crusade, Inc., a Colorado corporation, Plaintiff-Appellant, v. Avalona Communications, a Florida corporation, doing business as Stockreporters.com,; Peter Emmanuel, its officers and directors, Defendants-Appellees. Consumer Crusade, Inc., a Colorado corporation, Plaintiff-Appellant, v. Live Leads Corporation, a California corporation; Justin Snyder, its Officer and Director, Defendants-Appellees. Consumer Crusade, Inc., a Colorado corporation, Plaintiff-Appellant, v. iHire, LLC, a Delaware limited liability company; David MacFadyen, its officer(s) and Director(s), Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 7, 2007.


Attorney(s) appearing for the Case

Andrew L. Quiat, General Counsel, U.S. Fax Law Center, Inc., Centennial, Colorado, (Frank J. Ball and Stephen S. Allen, Law Offices of Frank J. Ball, Greenwood Village, Colorado, with him on the briefs), for Plaintiff-Appellant U.S. Fax Law Center, Inc.

Agim M. Demirali, The Demirali Law Firm, P.C., Denver, Colorado, for Plaintiff-Appellant Consumer Crusade, Inc.

Brandee L. Caswell, (Natalie M. Hanlon-Leh and Jennifer T.K. Harrison, on the briefs), Faegre & Benson, L.L.P., Denver, Colorado, for Defendants-Appellees iHire, LLC, David MacFadyen and Lara L. Horne-Albrecht.

Douglas A. Turner, Douglas A. Turner, P.C., Golden, Colorado, for Defendant-Appellee Avalona Communications and Peter Emmanuel.

Before, KELLY, McKAY, and BRISCOE, Circuit Judges.


KELLY, Circuit Judge.

Plaintiff-Appellant U.S. Fax Law Center, Inc. and Plaintiff-Appellant Consumer Crusade, Inc. (collectively "Plaintiffs") filed six separate lawsuits in federal district court seeking damages for unsolicited faxes under the Telephone Consumer Protection Act (TCPA). In different orders issued by different judges, all six suits were dismissed based on lack of jurisdiction, lack of standing, or both. The Plaintiffs now challenge the underlying judgments...

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