I don't understand the technicalities behind how they do it, but SPAM calls in the US can spoof their phone numbers. I'm not sure if it's pre or post carrier connection.
Spam spoofs the caller ID field. The calls are routed by the ISP so the ISP sees everything (including that the source address and caller ID address are differ, ie spoofed) and allow it. It would be trivial to flip the switch on spam.
They already have the power to stop spam. Stopping spam lowers profits. They wouldn't pay someone for an ability they already have that they actively don't want to use.
Yes, that's fair. But the reason that list exists is because it is legal to cold call. Having an opt-out is much weaker than an opt-in. It sounds like the German system is opt-in (per company).
For real, I'm not sure why people haven't thrown the book at the "car's extended warranty" people yet. I mean, they should have an entity in the US no?
Not necessarily. They can call you from (almost?) any country and put whatever number they want in their caller ID, and your phone company will just blindly show you that number.
No. It most certainly is not. It may be illegal in your locality, but it is certainly legal in most of the US. The federal Do Not Call list would be useless if it were illegal.