Although insufficient harm under common law, the improper phone call from a debt collection agency was of the same kind of harm recognized at common law as intrusion upon seclusion, and Congress addressed this type of harm in the creation of the statute.
Summary judgment for the nonmovant wasn't on novel grounds of which the movant had insufficient notice; the nonmovant is entitled to point out that the motion for summary jusgment is unsupported by the evidence.
Bona fide error defense unavailable as a matter of law, since no reasonable jury could find that the policies were designed to avoid the making of unauthorized calls.
https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110562706.pdf