Legal Opinion

Stephen Hill v. Homeward Residential, Inc.

Court of Appeals for the Sixth Circuit

Decided August 21, 2015No. 14-4168PublishedCited by 38 opinions

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

  1. Ortiz v. JordanSupreme Court of the United States · 2011
  2. Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.Supreme Court of the United States · 1966
  3. Philecia Barnes v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 2005
  4. United States v. KuehneCourt of Appeals for the Sixth Circuit · 2008
  5. Nolfi v. Ohio Kentucky Oil Corp.Court of Appeals for the Sixth Circuit · 2012

10 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Carrie Braun v. Ultimate JetchartersCourt of Appeals for the Sixth Circuit · 2016
  2. Adam Gerics v. Alex TrevinoCourt of Appeals for the Sixth Circuit · 2020
  3. Meng Huang v. Ohio State Univ.Court of Appeals for the Sixth Circuit · 2024
  4. Zachary Baisden v. Credit Adjustments, Inc.Court of Appeals for the Sixth Circuit · 2016
  5. Ginwright v. Exeter Finance Corp.District Court, D. Maryland · 2017

33 more not listed; retrieve them via the Exa API.

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