No,   they aren't violating it.   Only Registered with the FTC Telemarketers are allowed to purchase the DNC list and must abide.  All other violations come under other categories,   not the DNC.    Hang-ups,  unanswered calls,  and anyone who calls for any reason,  but is an unwanted caller, is not  a violation of the dnc.   Most of the people who complain on this board haven't the slightest clue of how the DNC operates.