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Mind-Melting Decision Proves a Dialer Can Never Be Too Old to Be an ATDS (tcpaworld.com)
87 points by guerrilla on Nov 3, 2020 | hide | past | favorite | 38 comments



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.


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.


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.


If you're familiar with certain areas of the Midwest, nothing about this is surprising.


I assume both the "personal opinion" and "LLC" stuff is an attempt to shield himself from defamation claims (I'm not saying it's going to work, but you can't sue someone for a statement of opinion, and, maybe he believes that, were any suit to be filed, it'd have to be against his asset-bare LLC).


It is amusingly meta that that the author of this article has now copied and pasted the above discussion into the end of it.


> 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.


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.


> 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.


I'm glad I was so confounded by the title that I had to click - that was a fun read.


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.


> 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.


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.


I certainly hope I never tweak the screw that is loose in someones head to harass me on a daily basis like this nutjob.


For me this is a perk of working mainly with computers and not face to face.


I took the liberty of leaving a friendly comment.

Of course, now through the magic of Gravatar it looks like I'm talking on behalf of the entire HN community when my comment was merely tongue in cheek. Oh, well.


The website that this blog post discusses would have made MySpace proud during its heyday.


Can you imagine if Mark Twain or Dave Barry covered the story?


And this is why we need AI: to parse and extract information from webpages that are too dangerous for a sane human to read.


Leave it to lawyers to figure that 'Hacker News' is a bad guy collective.

Good thing that Wikipedia is here to help:

Reflecting the two types of hackers, there are two definitions of the word "hacker":

  1. An adherent of the technology and programming subculture; see hacker 
     culture.

  2. Someone who is able to subvert computer security. If doing so for 
     malicious purposes, the person can also be called a cracker.


"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. "

I read it more as a joke


> which I presume is some sort of aggregator for news articles of interest to folks that like to hack stuff

Its the presumption that makes me think its not a joke but a misunderstanding.


That's pretty presumptuous for something that is obviously a cautious joke


I mean, we use the term "hacker" consciously as a reclamation, we can hardly be surprised or affronted when people outside the circle mistake it for its more common negative meaning.

I suspect that people wanting to reclaim the term are over-represented in Wikipedia editors, too.


There are some pretty bad guys around here so it's not entirely wrong.


It is a capitalist forum after all, a space to worship assholes and publish some dangerously spicy takes on poverty and homelessness.

Sorry about your property value!!


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?).


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.


Go to File > Templates and find "Modern World Wide Web Site" in FrontPage 97.


In case you need FrontPage 97, it is archived here [1]

[1]. https://winworldpc.com/product/microsoft-frontpage/97-v2


It reminded me of the famous time cube website: https://timecube.2enp.com/


heyyy, you gotta spare some time explaining that to me. what is that? Read half of it and now i am confused af


Am hardly an expert on that side of mental illness but that's what it sounds like.

The actual time cube makes sense to me, sort of. Depending on where you start your day, say one of 4 places, you get 4 overlapping days, but only if you choose to recognise all 24-hour periods together. We don't but he does.

IIRC jews start their new day at sunrise, the roman new day started at sunset, westerners start their new day at midnight, the vikings' new day started at midday. I think I see what he's getting at although with mad people I guess you never know.


I've seen it grow and I still don't understand. It's got a Wikipedia article about it though https://en.m.wikipedia.org/wiki/Time_Cube


You can say that again. And again. And again. And again.


This is why I don't mess with crazy.


Can someone point me to the court documents?




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