MEY v. PHILLIPS

No. 22-1820, No. 22-1859.

71 F.4th 203 (2023)

Diana MEY, Plaintiff-Appellee, v. Judson PHILLIPS, Esq., an individual; Capital Compliance Group, Co., A Tennessee Corporation, Defendants-Appellants, and Castle Law Group, PC, a Tennessee Corporation; Castle Venture Group, LLC, a Tennessee limited liability company; Castle Equity Group, Inc., a Tennessee corporation; Castle Partners Inc., a Tennessee corporation; Tristar Consumer Group, a Tennessee Corporation; Music City Ventures, Inc., a Tennessee Corporation; Advocus Legal Organization, a Tennessee Corporation; US Consumer Advocates, a Tennessee Corporation; Bruyette and Associates, LLC, a Florida Corporation; Thacker and Associates International, LLC, a foreign limited liability company; William Michael Keever, an individual; Ashley Keever, an individual; Steve Huffman; John Preston Thompson, an individual; John Does 1-10, corporate entities and individuals presently unknown, Defendants. Diana Mey, Plaintiff-Appellee, v. Music City Ventures, Inc., a Tennessee Corporation; Steve Huffman; John Preston Thompson, an individual, Defendants-Appellants, and Judson Phillips, Esq., an individual; Capital Compliance Group, Co., a Tennessee Corporation; Castle Law Group, PC, a Tennessee Corporation; Castle Venture Group, LLC, a Tennessee limited liability company; Castle Equity Group, Inc., a Tennessee corporation; Castle Partners Inc., a Tennessee corporation; Tristar Consumer Group, a Tennessee Corporation; Advocus Legal Organization, a Tennessee Corporation; US Consumer Advocates, a Tennessee Corporation; Bruyette and Associates, LLC, a Florida Corporation; Thacker and Associates International, LLC, a foreign limited liability company; William Michael Keever, an individual; Ashley Keever, an individual; John Does 1-10, corporate entities and individuals presently unknown, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 23, 2023.


Attorney(s) appearing for the Case

ARGUED: Paul J. Harris , HARRIS LAW OFFICES, Wheeling, West Virginia, for Appellants. Benjamin James Hogan , BAILEY & GLASSER, LLP, Morgantown, West Virginia, for Appellee. ON BRIEF: Sharon F. Iskra , Jonathan R. Marshall , BAILEY & GLASSER, LLP, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge Thacker wrote the opinion in which Chief Judge Gregory and Judge Diaz joined.


After receiving a flood of telemarketing phone calls concerning debt relief through lower interest rates on credit cards, Diana Mey ("Appellee") brought suit pursuant to the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227 et seq., and the West Virginia Consumer Credit and Protection Act ("WVCCPA")...

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