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I'm not going to look through cases for you anymore than I'm going to find cases of individuals convicted for assaulting a cop. Both are illegal. I suspect it's much easier to get away with calling cell phones illegally than it is to assault the individual capable of arresting you on the spot.
The TCPA is the law that covers the DNC as well as the prohibition on calling cell phones using an ATDS as of about a year ago. The case I cited last time was an individual trying to use the defense of "my list broker scrubbed it, so I don't have to" and that defense was unsuccessful.
One thing that does make it easier to avoid getting caught is that most of the problems that would indicate one was using an ATDS are the same type of connection issues one would have using a cell phone or VOIP. That being considered, unless you tell the prospect you were using an ATDS, it would be their responsibility to prove you did; nice thing we have the fifth amendment.
Bottom line is that it is illegal to use an ATDS to call a cell phone and cell phone numbers are mixed in lists from most list brokers.
The TCPA is the law that covers the DNC as well as the prohibition on calling cell phones using an ATDS as of about a year ago. The case I cited last time was an individual trying to use the defense of "my list broker scrubbed it, so I don't have to" and that defense was unsuccessful.
One thing that does make it easier to avoid getting caught is that most of the problems that would indicate one was using an ATDS are the same type of connection issues one would have using a cell phone or VOIP. That being considered, unless you tell the prospect you were using an ATDS, it would be their responsibility to prove you did; nice thing we have the fifth amendment.
Bottom line is that it is illegal to use an ATDS to call a cell phone and cell phone numbers are mixed in lists from most list brokers.