Holcomb v. Jan-Pro Cleaning Systems of Southern Colorado

I respectfully dissent. I would affirm the judgment of the district court, but on other grounds. The district court concluded that Holcomb had removed himself from the no-call list by publishing his residence phone number as his business number. In contrast, the county court, in its on-the-record colloquy and ruling, reasoned that Holcomb had made out a prima facie case that Jan-Pro had violated the no-call statute by calling his residential number, but did not carry his burden of proving a violation of the statute because, under the facts of this case, Jan-Pro's phone contact was within the…