Warning Regarding Assisting and Facilitating Illegal Robocalls - Appendix A(TSR) - Appendix B(Educare Amended Complaint)

Sep 16, 2026

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Federal Trade Commission letter warning a Voice over Internet Protocol (VoIP) provider about legal risks under the FTC Act and the Telemarketing Sales Rule (TSR). It explains the TSR prohibition on “assisting and facilitating” certain illegal robocall and telemarketing conduct, including misleading statements, caller ID spoofing, prerecorded message calls without permission, and calls to National Do Not Call Registry numbers without proper authorization. It outlines potential civil penalties and injunctive relief, and references FTC and DOJ enforcement actions, with appendices covering TSR provisions and related complaint material.

LanguageEnglish

CategoryLetters

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Pages59

Reading Time21 min

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Warning Regarding Assisting and Facilitating Illegal Robocalls

Appendix A(TSR)

Appendix B(Educare Amended Complaint)

UNITED STATES OF AMERICAFEDERAL TRADE COMMISSIONWASHINGTON,DC 20580 Lois C.Greisman Associate Director January 29,2020Via Federal Express # Warning Regarding Assisting and Facilitating Illegal Robocalls Dear This letter is to provide you with information about laws and regulations enforced by theFederal Trade Commission(“FTC”)that may bear upon your business activities as a Voice overInternet Protocol(“VoIP”)service provider. The FTC,the nation's consumer protection agency,enforces the Federal TradeCommission Act("FTC Act"),15 U.S.C.§45,which prohibits unfair or deceptive acts orpractices in or affecting commerce.The FTC also enforces the Telemarketing Sales Rule(“TSR”),16 C.F.R.Part 310,which prohibits deceptive and abusive telemarketing practices.Section 310.3(b)of the TSR prohibits “assisting and facilitating”certain specified conduct.Under that provision,"it is unlawful for any person or entity to provide substantial assistance orsupport to a seller or telemarketer when that person or entity knows or consciously avoidsknowing that the seller or telemarketer is engaged in any act or practice that violates Sections310.3(a),(c),or(d),or Section 310.4 of the TSR,"which prohibit,among other conduct,thefollowing: ·Making a false or misleading statement to induce any person to pay for goods orservices or to induce a charitable contribution(16 C.F.R.§310.3(a)(4); ·Misrepresenting a seller or telemarketer's affiliation with any government agency(16 C.F.R.§310.3(a)(2)(vii)); ·Transmitting false or deceptive caller ID numbers(16 C.F.R.§310.4(a)(8)); ·Initiating or causing the initiation of calls that deliver prerecorded messages,unlessthe person called provided the seller express written permission to call(16C.F.R.§310.4(b)(V));and ·Initiating or causing the initiation of telemarketing calls to numbers listed on theNational Do Not Call Registry,unless the person called provided express written permission to receive calls from the seller or the seller had an existing businessrelationship with the person called(16 C.F.R.§310.4(b)(iii)(B)). The FTC can obtain civil penalties for TSR violations.Each illegal call is subject to amaximum civil penalty of $43,280.See 16C.F.R.§1.89.In addition,a violation of the TSR is aviolation of Section 5 of the FTC Act.See 15 U.S.C.§6102(c),57a(d)(3),45(a).Accordingly,the FTC has authority to seek both preliminary and permanent injunctive relief to addressviolations of the TSR.See 15 U.S.C.§53(b).The FTC may also seek the refund of money orpayment of damages to address violations of the TSR.See 15 U.S.C.§57b(b). Combatting illegal telemarketing is a top priority for the FTC,with a special emphasis onhalting illegal robocalls.²We want you to be aware that the FTC has,for example,broughtassisting and facilitating claims against technology companies that knowingly provided softwareand servers used by illegal robocallers,even though these technology companies did not contractdirectly with the illegal robocallers.See FTCv.James B.Christiano,No.8:18-cv-00936(C.D.Cal.filed May 31,2018). We also want to bring to your attention that the FTC recently sued a VoIP serviceprovider for allegedly violating the TSR,16 C.F.R.Part 310.In that case,FTCv.Educare,theFTC alleged that defendant Globex Telecom,Inc.assisted and facilitated telemarketers it knew,or consciously avoided knowing,were violating the TSR's prohibitions on calls deliveringprerecorded messages.See FTCv.Educare Centre Services,Inc.,No.3:19-cv-00196-KC(W.D.Tex.Am.Compl.filed Dec.3,2019).³ The FTC has business educational materials that can assist you in complying with theTSR.See https://www.ftc.gov/tips-advice/business-center/guidance/complying-telemarketing-sales-rule. In addition to FTC regulations and the FTC's December 2019 action against a provider ofVoIP services,you should also be aware that the United States Department of Justice(“DOJ”)recently brought civil actions against two VoIP companies and their owners.In

FAQs

What legal rule does the letter highlight for VoIP providers regarding illegal robocalls?

The letter emphasizes the TSR prohibition on “assisting and facilitating” unlawful conduct when the provider knows or consciously avoids knowing that the seller or telemarketer is violating specified TSR provisions.

What types of telemarketing conduct are cited as prohibited under the TSR sections referenced?

The letter cites examples including false or misleading statements to induce payments or charitable contributions, misrepresenting affiliation with government agencies, transmitting false or deceptive caller ID numbers, prerecorded message calls without express written permission, and calls to numbers on the National Do Not Call Registry without proper express written permission or an existing business relationship.

What enforcement consequences does the FTC mention?

The letter states the FTC can seek civil penalties for TSR violations, seek preliminary and permanent injunctive relief, and may seek refunds or payment of damages to address TSR violations.

Sep 16, 2026

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