Sixth Circuit Rules On New TCPA Limitations

On Friday, the Sixth Circuit declared that a debtor who provides a cellphone number to a creditor has consented to receiving calls, and the creditor does not violate the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, by directing repeated, automated calls to his cellphone seeking payment.

In the case of Hill v. Homeward Residential, Inc., No. 2:13–CV–00388, 2015 WL 4978464 (6th Cir. August 21, 2015), the Sixth Circuit affirmed the lower court jury decision, determining that a person gives "prior express consent" when he gives a creditor his cellphone number in connection with a debt.

Mr. Stephen Hill brought suit in federal court, claiming he received 482 unsolicited calls to his cellphone from his creditor, defendant Homeward Residential, Inc. ("Homeward"), seeking to recover payment for his mortgage. Mr. Hill alleged that these repeated calls violated the TCPA. The TCPA, enacted in 1991, restricts telephone solicitations, prohibits the use of