Well, they can try.. but its a epic fail as its no excuse now day's.

http://www.tcpalaw.com/
http://www.kleinmoynihan.com/publication/new- ... ctober-16-2013/
http://www.consumer.ftc.gov/articles/0108-national-do-not-call-registry

Report them here:

https://www.ftccomplaintassistant.gov/#&panel1-1
https://esupport.fcc.gov/ccmsforms/form1088.action
https://complaints.donotcall.gov/complaint/complaintcheck.aspx?panel=2
http://www.consumerfinance.gov/complaint/

Caller asked for us by name and claimed we'd spoken with him last Summer about painting our house. That's a lie! Is that how they try to get around the law against harassing people on the Do Not Call list?