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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

defendant’s activities fall outside the FDCPA’s general provisions); Overton v. Foutty & Foutty, LLP, No. 1:07-cv0274-DFHTAB, 2007 WL 2413026, at *4 (S.D.Ind. Aug. 21, 2007) (recognizing majority position that party whose activities are limited to enforcement of security interests is not subject to all FDCPA requirements, and stating, ”[i]f a person invokes judicial remedies only to enforce the security interest in property, then the effort is not subject to the FDCPA (other than § 1692f(6) and § 1692i(a))[,] [b]ut if the person is also seeking additional relief, such as a personal judgment against the borrower, then the FDCPA applies.”) (collecting cases); Chomilo v. Shapiro, Nordmeyer & Zielke, LLP, Civ. No. 06-3103 (RHK/AJB), 2007 WL 2695795, at *6 (D.Minn. Sept. 12, 2007) (<HOLDING>); Acosta v. Campbell, No. 6:04CV761 ORL28DAB, 
 Holding statements: (A) holding that law firm executing nonjudicial foreclosure pro ceeding was enforcing a security interest rather than collecting a debt and hence fell outside the ambit of the fdcpa except for the provisions of section 1692f6 (B) recognizing distinction between general debt collection and enforcement of a security interest and observing that by the plain language of  1692a6   a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to  1692f6 (C) holding that a debt collectors filing of a lawsuit on a debt that appears to be timebarred  is an unfair and unconscionable means of collecting the debt (D) holding that the defendants actions in filing judicial foreclosure proceeding against mortgagor amounted to debt collection activity under the fdcpa and distinguishing decisions involving pursuit of nonjudicial foreclosure proceedings under a deed of trust from those in which a defendant has pursued judicial foreclosure proceedings which included seeking judgment on a note  by filing a lawsuit in state court (E) holding that back rent is debt under the fdcpa
recognizing distinction between general debt collection and enforcement of a security interest and observing that by the plain language of  1692a6   a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to  1692f6

the evidence presented by the summary judgment record in a light most favorable to the party against whom the summary judgment was rendered, crediting evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006) (citing City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex.2005)). When both sides move for summary judgment, and the trial court grants one motion and denies the other, the reviewing court considers both sides’ summary judgment evidence and determines all issues presented. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex.2005). Where the trial court does not specify the g rv., Inc., 798 S.W.2d 606, 615 (Tex.App.-Dallas 1990, writ denied) (<HOLDING>). Thus, the absence of a causal connection 
 Holding statements: (A) holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract (B) holding that erisa provides relief only for clearly ascertainable damages with the intent to make plaintiffs whole which precludes recovery for speculative future harm (C) holding that no recovery exists for speculative damages (D) holding that nominal damages award was appropriate where the evidence supporting the damages was speculative (E) holding such damages available where local law silent on issue speculative nature of damages does not preclude recovery
holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract

Basin] operations.”. Ex. 21 to Pis.’ Schneider Decl. at 1 (April 8, 2003 letter to J.K. Towner of FWS from S. Adams of the Missouri River Natural Resources Committee (“MRNRC”), a collection of relevant wildlife agencies from both Upper and Lower Basin states on the Missouri River ); see also Ex. 20, 23-27 (letters from each of the individual agencies of the MRNRC, restating that committee’s position). Consequently, the Court concludes that Plaintiffs are likely to prove that the 2003 Supplemental BiOp is arbitrary and capricious given FWS’ failure to “satisfactorily explain” why it has abandoned the 2000 BiOp’s extensively peer-reviewed and approved requirement for implementing summer low flow no later than 2003. See National Audubon Society v. Hester, 801 F.2d 405, 408 (D.C.Cir.1986) (<HOLDING>). d. Plaintiffs Are Likely to Establish that 
 Holding statements: (A) holding that ftc issuance of a complaint meets the apa definition of order and therefore is agency action even if not final agency action (B) holding that the mere allegation of arbitrary and capricious action on defendants part absent a direct and pointed attack on the evidentiary basis of the agencys action is insufficient to warrant a judicial determination of wrongful agency action (C) holding that it was not arbitrary and capricious for an agency to change course when one of its basic assumptions in earlier rulemaking was contradicted by new data (D) holding that any alteration to agency action can be held arbitrary and capricious if the agency does not satisfactorily explain its reason for the alteration (E) holding that the power of any administrative agency to reconsider its final decision exists only where the statutory provisions creating the agency indicate a legislative intent to permit the agency to carry into effect such power

holding that ftc issuance of a complaint meets the apa definition of order and therefore is agency action even if not final agency action