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KRUSE v. McKENNA

No. 06SC555.

178 P.3d 1198 (2008)

Michael G. KRUSE, d/b/a Security Mortgage Brokers, Petitioner v. Douglas M. McKENNA, Respondent.

Supreme Court of Colorado, En Banc.

March 3, 2008.

Attorney(s) appearing for the Case

Larry Dean Valente, Westminster, Colorado, Attorney for Petitioner.

Law Offices of Andrew L. Quiat, P.C., Andrew L. Quiat, Englewood, Colorado, Sawaya, Rose, Funderburg & Kaplan, P.C., Richard B. Rose, Denver, Colorado, Attorneys for Respondent.

The Demirali Law Firm P.C., A.M. Demirali, Denver, Colorado, Attorney for Amicus Curiae Consumer Crusade, Inc.

Spies, Powers & Robinson, P.C., Jack D. Robinson, Denver, Colorado, Attorney for Amici Curiae Stephen C. Oliver; Stephen Oliver Holdings, Inc., d/b/a Mile High Karate; MHK South University, Inc.; Mile High Karate, LLC and Martial Arts Marketing, LLC.

Faegre & Benson LLP, Brandee L. Caswell, Denver, Colorado, Attorney for Amicus Curiae iHire, Inc.

Justice RICE delivered the Opinion of the Court.

In this case we address whether the plaintiff, Douglas M. McKenna, has standing to assert in Colorado state court an assigned claim for violation of the facsimile transmission provisions of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 (2003). This issue was raised for the first time on appeal to our court. Applying Colorado state law, we find that a claim for liquidated damages under the TCPA is...

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