Under what circumstances does a person give his "prior
express consent" to be contacted on his cellphone by a
creditor? The Sixth Circuit recently examined that very question in
Hill v. Homeward Residential, Inc.,
where it determined that consent exists if the debtor gives a
cellphone in connection with an existing debt and that the
number need not be provided during the initial transaction forming
the debit. No. 14-4168 (6th Cir. Aug, 21, 2015).
Background
In Hill, Plaintiff initially obtained a mortgage in
2003 and provided his home and work phone numbers on the initial
application. Plaintiff subsequently cancelled his home phone and
replaced it with his cell phone. When Plaintiff's mortgage was
transferred to Defendant Homeward Residential, he contacted the
company to alert them that his primary phone number was now his
cellphone number. Plaintiff subsequently fell behind on his
payments, attempted to work out a loan modification, and ultimately
defaulted on
