Olan Mills (defendant) was a business that used telemarketing to attract clients. An Olan Mills telemarketer called Allen Schreiber (plaintiff) to seek his business. In response, Schreiber sent a letter to Olan Mills stating that he was not interested in becoming a client, and that Olan Mills should stop calling. The letter stated that if Olan Mills called again, Schreiber would consider Olan Mills to have entered into a contract for Schreiber’s “listening services.” The letter stated that Schreiber’s rate for listening was $100 per hour. After Schreiber sent the letter, he received two telemarketing phone calls from Olan Mills, for which he billed Olan Mills $479 for his listening services. Olan Mills did not pay, and Schreiber brought suit for breach of contract. The trial court dismissed the complaint, finding that as a matter of law a contract had not been established. Schreiber appealed.