Stephen Hill v. Homeward Residential, Inc.
Court of Appeals for the Sixth Circuit
1Opinion of the CourtMcKEAGUE, J., joined by Clay, J., and Bertelsman, D.J.,
CLAY, J. (pgs. 553-54), delivered a separate concurring opinion.
OPINION
McKEAGUE, Circuit Judge.
The Telephone Consumer Protection Act prohibits companies from making automated calls to a person’s cellphone without that person’s prior express consent. We must primarily decide whether a person gives his “prior express consent” when he gives his creditor his cellphone number in connection with a debt he owes. In line with the agency in charge of enforcing the Act, we conclude that this constitutes “pri- or express consent” to be called on that number about the debt. Because the district court’s…
2Cases cited15 opinions
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- Philecia Barnes v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 2005
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- Nolfi v. Ohio Kentucky Oil Corp.Court of Appeals for the Sixth Circuit · 2012
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