[HN Gopher] Mind-Melting Decision Proves a Dialer Can Never Be T...
       ___________________________________________________________________
        
       Mind-Melting Decision Proves a Dialer Can Never Be Too Old to Be an
       ATDS
        
       Author : guerrilla
       Score  : 44 points
       Date   : 2020-11-03 20:19 UTC (2 hours ago)
        
 (HTM) web link (tcpaworld.com)
 (TXT) w3m dump (tcpaworld.com)
        
       | juliend2 wrote:
       | I love the Hacker News-targetted preface:
       | Editor's Note: Welcome Hackers! Not sure how Hacker News found
       | this article but I see a ton of folks headed in from that
       | website, which I presume is some sort of aggregator for news
       | articles of interest to folks that like to hack stuff. Feel free
       | to have a look around the website-check out our cool podcast-and
       | tell any friends that might like this nerdy stuff. But don't
       | hack anything please. Thanks.
        
         | sharkmerry wrote:
         | the thought of the day references hacker news as well
         | 
         | Eric's Thought of the Day Hacker News >> Google News
         | 
         | At least when it comes to driving traffic to tcpaworld.com.
         | Eesh.
        
         | annoyingnoob wrote:
         | > But don't hack anything please. Thanks.
         | 
         | For that definition of 'hacker' I'm not sure that asking nicely
         | is helpful. I wouldn't expect many folks here to be interested
         | in 'hacking' that site.
        
       | thaumasiotes wrote:
       | > Mort finished his motion to dismiss with a claim that the TCPA
       | only applies to telemarketing harassment, not good-ole-fashioned
       | harassment harassment. No dice. The Court looks at the words of
       | the statute and cannot find the "I just want to abuse people out
       | of spite" TCPA exemption.
       | 
       | Very relevant to the argument that all modern cell phones (as
       | well as things like decidedly outdated handsets with speed dial)
       | are in fact automatic dialing systems, and therefore everyone who
       | places a call or sends a message using their cell phone is in
       | violation of the law.
       | 
       | Doesn't matter how you use the device, just that the device meets
       | the definition.
        
       | SpaceManNabs wrote:
       | I am a little confused by the title. It is certainly an
       | entertaining claim and argument by Mort, but it seems that the
       | court decided quite reasonably (and the author says so?).
        
       | Topgamer7 wrote:
       | I certainly hope I never tweak the screw that is loose in
       | someones head to harass me on a daily basis like this nutjob.
        
       | yongjik wrote:
       | > 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.
        
       | throwaway_pdp09 wrote:
       | Is there some kind of template to make such a 1990's website
       | https://buckysgasstationsucks.com/ with it's bizarro little
       | animations and clipart? It's so very anachronistic (yet strangely
       | readable I must add). I don't think I've seen anything like it
       | since ages past.
        
       | ear7h wrote:
       | If anyone is curious about the why:                 Mort
       | Sullivan's Personal Opinion That       McDonald's Is Located In
       | The Area, And       Would You Like To Eat Food With Ambient
       | Air In The Area Of Surrounding Properties,       And We Will
       | Putting Up Signs & Asbestos Tape       Around McDonald's On The
       | Sullivan Trust Property,       Where The Manager Called The
       | Police On Mort Sullivan       For Cutting The Grass On The
       | Sullivan Trust Property, And       Everyone Can See The Picture
       | Below Showing Area!
       | 
       | If I understand this correctly, the McDonalds manager called the
       | cops on Mort and then Mort fired back by filing a suit regarding
       | lead and asbestos on the area. I'm not sure how Bucky got
       | involved though.
        
         | paxswill wrote:
         | I think reading from the bottom will give you the chronological
         | order. Also, skipping over phrases like, "Mort Sullivan's
         | Personal Opinion That..." helps a lot (that phrase, along with
         | registering himself as an LLC is giving me strong sovcit
         | vibes).
         | 
         | As to what actually started this, it looks like there was a
         | landfill with alleged hazmat in it, but there wasn't a lawsuit
         | filed in time (under the Clean Water Act? Because there's an
         | underground stream that flows into the Missouri River?) to make
         | the original polluters clean it up. Mort believes that because
         | Bucky's, the McDonalds, and other companies (see the expanding
         | list of real estate developers on his list) are now developing
         | the area (and digging basements into the landfill) the timer
         | for a Clean Water Act lawsuit has restarted. He cares as his
         | property is next to the former landfill.
        
           | jcranmer wrote:
           | That's generally my gist as well, although I'm not certain on
           | the actual existence of the landfill, let alone what may or
           | may not have been dumped into it.
           | 
           | It's really hard to understand, because this is clearly a
           | vexatious litigant who seems to believe that the law is a set
           | of magic incantations to let him do what he wants (not unlike
           | the sovereign citizen bullcrap you allude to). And the fact
           | that he's dragging anyone remotely connected to the location
           | into it makes it even harder.
        
       | cbanek wrote:
       | This is why I don't mess with crazy.
        
       | thrill wrote:
       | The website that this blog post discusses would have made MySpace
       | proud during its heyday.
        
         | [deleted]
        
       | visviva wrote:
       | I'm glad I was so confounded by the title that I had to click -
       | that was a fun read.
        
       | korse wrote:
       | Can someone point me to the court documents?
        
       ___________________________________________________________________
       (page generated 2020-11-03 23:00 UTC)