IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

GARY HANLEY on behalf of himself and )

others similarly situated, )

)

Plaintiff, ) 1:12-cv-4158

)

v. ) Judge Castillo

)

GREEN TREE SERVICING LLC., )

)

Defendant. )

DEFENDANT’S RESPONSE TO

PLAINTIFF’S NOTICE OF ADDITIONAL AUTHORITY

Defendant GreenTree Servicing LLC (“GreenTree”) hereby responds to 

Plaintiff’s Notice of Additional Authority. Plaintiff’s Notice of Additional Authority—a 

decision from a court outside of the Seventh Circuit—is inapposite. Plaintiff contends that the 

recently decided case, Chesbro v. Best Buy Stores, L.P., No. 11-35784, 2012 WL 4902839 (9th 

Cir. Oct. 17, 2012), is relevant to GreenTree’s pending Motion to Dismiss. Simply put, Plaintiff 

is incorrect.

First, Plaintiff appears to have filed this Notice with the Court because he asserts 

that the Chesbro decision “bears on the issue of whether a consumer may revoke his consent to 

be called with an automatic telephone dialing system or prerecorded voice.” Yet, the Chesbro

Court concluded, without discussion, that Chesbro did not consent to receive the phone calls at 

issue in the first place. Id. at *4 (“Any assertion that Chesbro . . . consented to receiving these 

communications . . . is unpersuasive”). While this could be considered a short mention of 

consent, certainly there is no discussion of revocation anywhere in the opinion.

Second, the calls at issue in the Chesbro case were a completely different type of 

call from those at issue in the present case. Chesbro contains a lengthy discussion of 

Case: 1:12-cv-04158 Document #: 39 Filed: 11/08/12 Page 1 of 4 PageID #:162
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telemarketing phone calls. Id. at *2-*4. By contrast, the calls in the present case deal solely with 

calls that GreenTree allegedly made to Plaintiff as his creditor on a phone number that Plaintiff 

admittedly provided to GreenTree. Plaintiff has never alleged that the calls at issue in the instant 

case were telemarketing phone calls. Thus, the Chesbro case does nothing to undermine the fact 

that prior express consent is deemed to exist if: (1) the wireless number was provided by the 

consumer to the creditor, and (2) such number was provided during the transaction that resulted 

in the debt owed. In re Rules and Regulations Implementing the Tel. Consumer Prot. Act of 

1991, Request of ACA Int'l for Clarification and Declaratory Ruling, 23 FCC Rcd. 559, 564-65

(2008).

Finally, the Chesbro case says absolutely nothing about whether consent can even 

be revoked under the terms of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the 

“TCPA”). The Chesbro case, then, is another case—just like the many that Plaintiff relied upon 

in his Response to GreenTree’s Motion to Dismiss—where the Court did not consider whether 

prior express consent may be revoked under the terms of the TCPA. Therefore, the Chesbro case 

should have no bearing on GreenTree’s pending Motion to Dismiss.

Respectfully submitted,

/s/ James D. Adducci

James D. Adducci

Marshall L. Blankenship

ADDUCCI, DORF, LEHNER,

MITCHELL & BLANKENSHIP

150 North Michigan Avenue

Suite 2130

Chicago, IL 60601

Telephone: 312.781.2807

Facsimile: 312.781.2811

Attorneys for Defendant

Green Tree Servicing, LLC

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OF COUNSEL:

Martin C. Bryce, Jr.

Keith B. Joseph

BALLARD SPAHR LLP

1735 Market Street, 51st Floor

Philadelphia, PA 19103

Telephone: 215.665.8500

Facsimile: 215.864.8999

Dated: November 8, 2012

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CERTIFICATE OF SERVICE

I hereby certify that on this 8th day of November, 2012, I caused a true and 

correct copy of the Response to Plaintiff’s Notice of Additional Authority to be served via ECF 

electronic transmission on plaintiff’s counsel below:

Alexander H. Burke

aburke@burkelawllc.com

Burke Law Offices, LLC

155 N. Michigan Avenue

Suite 9020

Chicago, Il 60601

/s/ James D. Adducci

Case: 1:12-cv-04158 Document #: 39 Filed: 11/08/12 Page 4 of 4 PageID #:165