Ever hear the term "common carrier" ? The phone company has ZERO liability in this situation. Much like 800notes has no liability when you say something actionable here.
Foreign man called 7/3/10 and wanted to know what kind of computer I had. He then was telling me that Microsoft was offering me some technical assistance free for 1 month for $9.99. If it's free, then it doesn't cost $9.99. I kept telling him that I wasn't interested and we were on the do not call list. Says he wasn't trying to sell me anything he was giving it to me for $9.99