Holcomb v. Steven D. Smith, Inc.

Opinion by

Judge GRAHAM.

Plaintiff, John Holcomb, appeals the district court's partial summary judgment in favor of defendants, Steven D. Smith, Inc., Design Benefits, Inc., America's Health Care/Rx Plan Agency, Inc., and Does 1-5. We reverse and remand.

Plaintiff has a residential services telephone number that has been registered on the Colorado no-call list since July 2008. He uses the telephone number as a residential number but also publishes it as a business number in advertisements. Between February and April 2005, defendants, without plaintiff's consent, called plaintiff's telephone…