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.

[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
[A]: (C)


[Q]: to the registrations of any party to the action. Decrees and orders shall be certified by the court to the Commissioner, who shall make appropriate entry upon the records of the Patent and Trademark Office, and shall be controlled thereby. 15 U.S.C. § 1119. 27. The legal issue in a cancellation proceeding is the right to register a mark and when a mark is not incontestable, a court may cancel the mark on any ground which would have prevented registration initially. International Order of Job's Daughters, 727 F.2d at 1091. 28. As noted, a mark "which does not fulfill the functions of a trademark, but, rather, serves essentially a utilitarian or functional purpose cannot be registered as a trademark." Id.; see Goodyear Tire & Rubber Co. v. Robertson, 25 F.2d 833, 834-35 (4th Cir.1928) (<HOLDING>). 29. Because Shakespeare's mark is a 
 Holding statements: (A) holding that automobile racing is not an ultrahazardous activity (B) holding that diamondshaped tread on tire which is a mechanically functional feature of an automobile tire cannot be registered (C) holding when a policeman has made a lawful custodial arrest of the occupant of an automobile he may as a contemporaneous incident of that arrest search the passenger compartment of that automobile (D) holding that owners and officers of automobile dealership who were neither consumers nor competitors in automobile market lacked standing to bring antitrust action against automobile manufacturer (E) holding that except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered  stopping an automobile and detaining the driver in order to check his drivers license and the registration of the automobile are unreasonable under the fourth amendment
[A]: (B)


[Q]: different circumstances, constitute deficient representation. Under other circumstances, it might be reasonable trial strategy for counsel to indicate sympathy for a prosecution witness, elicit forensic evidence the state had not sought to present, or adopt a tough stance with one’s client. See Strickland, 466 U.S. at 688-89, 104 S.Ct. 2052 (“No particular set of detailed rules for counsel’s conduct can satisfactorily take account of the variety of circumstances faced by defense counsel ... ”). In cases in which we have found such actions or omissions were not deficient, however, the circumstances revealed that those actions or omissions were part of identifiably reasonable trial strategies calculated to benefit the defendant in some way. See, e.g., Hale v. Gibson, 227 F.3d at 1323 (<HOLDING>); Fowler v. Ward, 200 F.3d 1302, 1310-11 (10th 
 Holding statements: (A) holding that reconsideration may not be based on evidence and legal arguments that could have been presented at the time of the challenged decision (B) holding that any error that court may have made in admitting inadmissible evidence was harmless because government presented overwhelming evidence establishing defendants guilt (C) holding that though the government may have failed to disclose exculpatory testimony in light of the overwhelming evidence of defendants involvement in narcotics sales there was no reasonable probability that a defense based upon that testimony would have been successful (D) holding that performance of counsel whose first involvement with the case came on the morning of trial constituted ineffective assistance (E) holding counsel made reasonable strategic decision to concede some involvement by defendant given the overwhelming evidence presented at trial and focused on the extent of his involvement and whether others could have been involved
[A]:
(E)