"Knowing Facilitation" Of Others' Illegal Conduct In FTC's Crosshairs

by Terri J. Seligman

Nineteen VoIP providers, unnamed, have received letters from the FTC, warning them that actions "assisting and facilitating" various illegal telemarketing activities is itself illegal and potentially actionable under the Telemarketing Sales Rule (TSR).

The letters detail the types of conduct that violates the TSR - such as initiating or causing the initiation of calls that deliver prerecorded messages, unless the person called provided the seller express written permission to call - and cite the relevant provision of the TSR that prohibits "assisting and facilitating" that conduct.

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