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.

[EX Q]: 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
[EX A]: (C)

[EX Q]: Inc., and therefore, had standing. Accordingly, the trial court properly denied Appellants’ motion for a directed verdict on this ground. VII. Directed Verdict on Negligence Appellants contend the trial court erred in failing to grant a directed verdict on negligence. Specifically, they maintain the existence and scope of a duty are legal questions, and no evidence was presented pertaining to duties owed by Appellants to the Association. We find this issue is not preserved for our review. Although Appellants moved for a directed verdict at the close of all testimony, they did not move for a directed verdict on the specific basis that no evidence indicated they owed a duty to the Association. Creech v. S.C. Wildlife & Marine Res. Dep’t. 328 S.C. 24, 34, 491 S.E.2d 571, 576 (1997) (<HOLDING>); see also Rule 50(a), SCRCP (“A motion for a 
 Holding statements: (A) holding that the failure to raise an issue in the opening brief waives the issue (B) holding that failure to raise issue in brief constitutes waiver of appeal of the issue (C) holding that defendant failed to raise a constitutional issue at trial and thus failed to preserve the issue for appellate review (D) holding the appellants failure to raise a particular issue in its directed verdict motion precludes appellate review of that issue (E) holding that defendant failed to raise a constitutional issue at trial and thus waived appellate review of that issue
[EX A]: (D)

[EX Q]: mask prior to the robbery. As the State points out, however, the court, in denying the motion for a new trial, relied on the fact that Kelly’s counsel was fully aware that defendant had worn the mask on at least one occasion prior to the time of the robbery. On a motion for a new trial based on newly discovered evidence, the defen dant must show, by convincing evidence, the following: “(1) That the evidence is such as will probably change the result if a new trial is granted; (2) that it has been discovered since the trial; (3) that it could not have been discovered before trial by the exercise o ) (same); State v. Gardiner, 636 A.2d 710, 714 (R.I.1994) (same); State v. Cotton, 99 N.C.App. 615, 394 S.E.2d 456, 460 (1990) (same); Dewberry v. State, 743 S.W.2d 260, 268 (Tex.Ct.App.1987) (<HOLDING>), rev’d on other grounds, 776 S.W.2d 589 
 Holding statements: (A) holding that it was an abuse of discretion to deny stay while matter was pending in neighboring state (B) holding no abuse of discretion to deny  a third chance to offer more details (C) holding not an abuse of discretion to deny funds (D) holding failure to exercise discretion is abuse of discretion (E) holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife
[EX A]:
(C)