Well, yes, he DOES have the option to violate the DNC list, BUT it can be QUITE expensive if you are on it, and he chooses to ignore that fact. I guess he needs to figure out whether he can afford the DNC list OR the $16k per incident fine he can be assessed.
"A consumer who receives a telemarketing call despite being on the registry can file a complaint with the FTC, either online or by calling a toll-free number. Violators could be fined up to $16,000 per incident."
https://www.donotcall.gov/faq/faqbusiness.aspx
A quick glance through the above link shows the only exclusions are:
Exempt Organization (“EO”) – includes any person or business that is exempt from both the FTC's and FCC's requirements to access the National Registry, but voluntarily chooses to access the information solely for the purpose of preventing telephone calls to telephone numbers in the National Registry. Exempt Organizations include charities or certain non-profit organizations, organizations engaged in political solicitations or surveys, or Sellers or Telemarketers that call ONLY consumers with whom they have an established business relationship or from whom they have obtained the express written agreement to call. See 16 CFR § 310.4(b)(1)(iii)(B)(i) and (ii). Entities that have been granted tax exempt status under the Internal Revenue Code are not necessarily Exempt Organizations for purposes of the National Do Not Call Registry. See, e.g., FTC v. National Consumer Council, Inc., and FTC v. Debt Management Foundation Services, Inc., at http://www.ftc.gov/opa/2005/03/creditcouncel.htm. There, the FTC successfully challenged the status of a purported nonprofit organization whose role in fact was simply to generate leads for other firms which then charged consumers thousands of dollars in fees for their services. Exempt Organizations must wait three business days following the submission of their request before they may be given access to registered numbers. For more information see EXEMPT ORGANIZATIONS, below.
EXPANDED DEFINITION OF EXEMPT ORGANIZATIONS
What is an Exempt Organization?
In general, an Exempt Organization is not required to access the National Do Not Call Registry, but is allowed access as an Exempt Organization, if one or more of the following is true:
2. Your organization does not engage in any "telemarketing" or "telephone solicitation" activities, as defined by the FTC and FCC, respectively. For example, survey calls and political polling calls are not covered by the definition of "telemarketing" or "telephone solicitations." An organization that places ONLY these types of calls may be an Exempt Organization.
What about an established business relationship?
A telemarketer or seller may call a consumer with whom it has an established business relationship for up to 18 months after the consumer's last purchase, delivery, or payment - even if the consumer's number is on the National Do Not Call Registry. In addition, a company may call a consumer for up to three months after the consumer makes an inquiry or submits an application to the company. And if a consumer has given a company written permission, the company may call even if the consumer's number is on the National Do Not Call Registry.
************One caveat: if a consumer asks a company not to call, the company may not call, even if there is an established business relationship. Indeed, a company may not call a consumer - regardless of whether the consumer's number is on the registry - if the consumer has asked to be put on the company's own do not call list.*************