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If I understand correctly, the risk is associated with a list that potentially has cell phones included. SO the problem is a list not the dialer. IF you use a dialer with a crappy list then your at greater exposure therefore greater risk. IF you use a dialer with a scrubbed list then you are fine regardless. Correct me if I'm wrong
Your wrong a professional plaintiff can sue you for anything. You may be right or wrong, doesn't matter. You must respond, which cost $$$