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)
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Q: on CRiminal Justice, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). In 1997, the legislature amended the child pornography statute to eliminate a loophole in the existing statute that impeded prosecution of individuals for possession or promotion of child pornography depicted or distributed by computer. Id.; House Comm, on CRiminal JURISPRUDENCE, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). There is nothing in these materials to suggest that the legislature intended to prohibit anything other than pornography depicting actual children. Therefore, we conclude that the Texas child pornography statute prohibits only the possession of visual materials depicting real children. Because the Texas statute only prohibits pornography depicting actual children, the sta App.1991) (<HOLDING>). Appellant also contends that the statute is
Holding statements: (A) holding twentyeight charges against defendant for possession of child pornography were not multiplicious (B) holding that private possession of child pornography is not protected by the first amendment (C) holding that possession of marijuana is not protected by the free exercise clause of the first amendment (D) holding that an overbreadth challenge to a child pornography law was rendered moot by amendment to the statute (E) recognizing continuing harm from defendants knowing possession of child pornography

A: (B)
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Q: and unanimous negative performance reviews from the moment that she began working as a medical resident. The court noted "[e]very doctor to evaluate [the plaintiff] found that her performance as a surgeon was insufficient to allow her to continue in the program. No evidence of bias was alleged regarding most of these doctors, leaving a chorus of negative evaluations unrebutted by a single positive testimonial." Id. at 318. That is not the case here. While Mr. Ohlmeyer's performance evaluations were largely negative, he did earn some praise from his supervisors. In addition, |49we note that the U.S. Fifth Circuit has reaffirmed the viability of the Bienkowski rule since Sreeram. See, e.g., Berquist v. Washington Mut. Bank, 500 F.3d 344, 351 (5th Cir.2007), cert. denied Cir. 1993) (<HOLDING>). Thus, we find that Mr. Ohl-meyer was
Holding statements: (A) holding that in determining the propriety of summary judgment credibility determinations may not be made (B) holding that credibility determinations should not be resolved at the summary judgment stage (C) holding that credibility determinations are for the jury (D) holding that it is not appropriate for the district court to determine whether subjective criteria are bona fide in effect making dispositive determinations about the employers credibility on summary judgment (E) holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations

A:
(D)
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