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HILL v. HOMEWARD RESIDENTIAL, INC.

No. 14-4168.

799 F.3d 544 (2015)

Stephen M. HILL, Plaintiff-Appellant, v. HOMEWARD RESIDENTIAL, INC., fka American Home Mortgage Servicing, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 21, 2015.

Attorney(s) appearing for the Case

ARGUED: Troy J. Doucet , Doucet & Associates, Co., L.P.A., Dublin, Ohio, for Appellant. Kimberly Y. Smith Rivera , McGlinchey Stafford, Cleveland, Ohio, for Appellee. ON BRIEF: Troy J. Doucet , Doucet & Associates, Co., L.P.A., Dublin, Ohio, for Appellant. Kimberly Y. Smith Rivera , McGlinchey Stafford, Cleveland, Ohio, for Appellee.

McKEAGUE, J., delivered the opinion of the court in which CLAY, J., and BERTELSMAN, D.J., joined. CLAY, J. (pgs. 553-54), delivered a separate concurring opinion.

OPINION

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...

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