In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

sophisticated consumer” might well reach the same conclusion. In sum, particularly at this early stage, defendants cannot establish as a matter of law that Santander is a creditor exempt from the FDCPA. Thus, the motion to dismiss should be denied. TCPA Claims Defendants move to dismiss plaintiffs’ claims under the TCPA based on an exception contained in 47 C.F.R. § 64.1200(a)(2), which excepts calls to a residential line when made pursuant to an “established business relationship.” It is difficult to imagine how that exemption would apply to Letricia Hamlett, who was not a signatory to the loan, but in fairness there is at least one case that supports this odd interpretation of the law. See Santino v. NCO Fin. Sys., Inc., No. 09-CV-982, 2011 WL 754874, at *6 (W.D.N.Y. Feb. 24, 2011) (<HOLDING>); but see Watson v. NCO Group, Inc., 462 
 Holding statements: (A) holding  2254 applies to administrative proceedings (B) holding that the fourteenth amendment only applies to state action (C) holding exemption applies to nondebtor (D) holding that fourteenth amendment only applies to state action (E) holding that  1447c applies to counsel
(C)

Corpus Christi 1977, no writ); Hagemeister v. Vanity Fair Properties, 508 S.W.2d 879, 881 (Tex.Civ.App.—Tyler 1973, writ dism’d). Thus, collateral estoppel dictates that venue of any subsequent suit involving the same subject matter and the same parties as the initial suit be governed by the venue determination in the initial suit. See Orozco, 681 S.W.2d at 245-46; Pinney, 558 S.W.2d at 36. First, Miller II involves the same parties as the Windsor suit. Both State & County and Windsor were parties to the Windsor suit. Although Ledbetter and Curtiss were not named in the Windsor suit, as officers of State & County, they were in privity with a party; thus, collateral estoppel would apply to them as well. Cf. Getty Oil Co. v. Insurance Co. of N. Am., 845 S.W.2d 794, 800 (Tex.1992) (<HOLDING>), cert. denied sub nom. Youell & Cos. v. Getty 
 Holding statements: (A) holding that defendant in second suit was in privity for res judicata purposes because his interests were aligned with those of defendant in first suit which concerned same facts (B) holding that res judicata applies when the question of jurisdiction is raised and determined (C) holding that res judicata applies in deportation proceedings (D) holding that the doctrine of res judicata applies to deportation proceedings (E) holding res judicata also applies to those in privity with parties
(E)

to adverse use.” Feldstein, 198 Md. at 295, 81 A.2d at 615; accord Banks, 393 Md. at 709, 904 A.2d at 460 (noting that “[r]espondent’s use of the farm lane was permissive when he was a minor and there was no affirmative evidence that it ever ceased to be permissive .... ”). The case of Hungerford v. Hungerford, 234 Md. 338, 199 A.2d 209 (1964), although addressing adversity in the context of adverse possession, has been considered instructive on the requirement of adverse use in prescriptive easement cases. See Banks, 393 Md. at 709-10, 904 A.2d at 461. We said in Hungerford: It has long been held by this Court that where the original entry and subsequent occupancy of land was under a contract, or -with the consent or permission of the owner, the possession .E.2d 1073, 1085 (2008) (<HOLDING>). It is clear under the facts of this case that 
 Holding statements: (A) holding that the debtor could retain exempt property because it was not property of the estate (B) holding deceptive acts which were not disclosed to the investing public are too remote to satisfy the requirement of reliance because a plaintiff cannot rely on acts of which it is unaware (C) holding that ors 164015 the theft statute consolidated the various forms of unlawful property deprivation into a single offense of theft that does not depend on the relationship between the thief and the owner the type of property or the manner of deprivation (D) holding that the current property owner may not assert a public nuisance claim against the former owner (E) holding that various acts on the beachfront were not examples from which it could be presumed that the owner knew that the actors were using the property under a claim of right

(E)