Hacker News Reader

> Mort finished his motion to dismiss with a claim that the TCPA only applies to telemarketing harassment, not good-ole-fashioned harassment harassment.

Ah, the good old-fashioned "I wasn't taking advantage of him, I was just being an asshole for being an asshole's sake!" defense. How refreshing.

View on HN

Seriously, the defense is "I wasn't calling him as part of my illegal scheme to call everybody with a phone number, I was calling him specifically because I hate him personally".

The offense is dialing someone using an automatic dialing system; the defense is perfectly plausible.

Yeah but the slope gets slippery fast...

Because in the past, some courts have ruled that ADTS systems are in violation even if their qualifying functions are unused.

Iow even id a dependent manually entered numbers, it would still be illegal to make the call.

And yes, this has made TCPA rulings a subject worthy of its own blog, the situation is such a mess.

Reply on news.ycombinator.com