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Bill, I almost completely agree with you. Here is the thing though, in a civil case their has to be a basis for the claim. If you accidentally break my fence by hitting it with your lawn mower, I'll take you to civil court based on the damage to the fence. If you call me and bother me, I have to prove that I suffered some type of a financial loss and usually can only seek that damage amount or some multiplier thereof. The reason why folks in California can sue for these calls is because of the way the consumer protection laws work (hint, I've talked to an attorney about this very issue).
In contrast, if you call me, I have to prove that there was some damage to myself that the courts can remedy with a judgement. If you called my cell phone and I went over by $1 in overages and then wanted to put on $500 for emotional distress, maybe, but that's the type of situation you're having to look at.
What evidence to you have to support your theories?
Again, I'm not saying that any of the above is a reason to ignore the DNC laws, you're better off scrubbing the lists (or buying them scrubbed) and not worrying about it. It's not the civil suit that would bother me though, I'd be concerned about the FTC wanting to fine me $16k/call for 1,000 calls.
In contrast, if you call me, I have to prove that there was some damage to myself that the courts can remedy with a judgement. If you called my cell phone and I went over by $1 in overages and then wanted to put on $500 for emotional distress, maybe, but that's the type of situation you're having to look at.
What evidence to you have to support your theories?
Again, I'm not saying that any of the above is a reason to ignore the DNC laws, you're better off scrubbing the lists (or buying them scrubbed) and not worrying about it. It's not the civil suit that would bother me though, I'd be concerned about the FTC wanting to fine me $16k/call for 1,000 calls.
