Supreme Court of Colorado March 3, 2008, No. 06SC555 (Kruse v. McKenna)

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.