i think the scammers get a copy of the DNC list and use THAT list to make calls. it's not like criminals obey the law anyway so why would we think they would pay attention to this?
well if you don't want your BUSINESS phone published - pay the extra couple of bucks and get it UNPUBLISHED. of course, that will probably KILL your business since POTENTIAL customers won't be able to find you. Oh and don't forget to remove your phone number from your business cards, emails, letterhead, website and anywhere else YOU give it out for advertising/marketing purposes.