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Fax Preference Service

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FPS

What is the Fax Preference Service?

The Fax Preference Service, set up by the Direct Marketing Association (UK) Limited (DMA), was originally formed in 1997 as a voluntary self-regulatory mechanism to enable consumers to opt-out of receiving unsolicited sales and marketing faxes at home.

Following the adoption of the Telecommunications Data Protection Directive by the European Parliament in 1997, the Department of Trade & Industry (DTI) and the Office of Communications (OFCOM) entered into a public consultation period resulting in The Telecommunications (Data Protection and Privacy) Regulations 1999 which affect all tele- and fax-marketers in the UK and came into force 1st May 1999. The Directive and Regulations are wide-ranging in their scope and should be studied carefully, in their entirety, by UK tele- & fax-marketers.

In February 1999 OFCOM issued an Invitation To Tender for the Management of the Telephone and Fax Opt-Out Schemes. The DMA was awarded the contract to run the Telephone Preference Service (TPS) and Fax Preference Service (FPS).

Under the Regulations it is unlawful to fax to an Individual unless you have their prior consent. The term "Individual" in UK law includes Consumers, Sole Traders and (except in Scotland) Partnerships.

The FPS, however, will enable Businesses to register their objection to receiving direct marketing faxes with a central service. Fax-marketing companies will be able to receive the numbers of Businesses who have registered by subscribing to the FPS.

My company already operates an in-house "do-not-fax" list. Do we need to sign up with the FPS as well?

The Regulations stipulate that you should not fax to a Business which has previously notified you that such faxes are unwelcomed.

The Regulations also stipulate that faxes should not be sent to Businesses who have registered their objection to such faxes with a central register - the FPS. You will therefore need to ensure you do not contact a Business which is registered with FPS as well as screening numbers against your own in-house "do-not-fax" list.

Fax Marketing is a major part of my business. Why should I subscribe to a service which precludes me from sourcing potential new customers?

Previously in the UK, the self-regulation of those companies using fax marketing fell largely under the remit of trade associations such as the DMA which incorporated best practice guidelines for fax-marketers in their Codes of Practice.

However, as from 1st May 1999, it is unlawful to send a fax to an Individual unless you have their prior consent.

The Regulations also require that companies comply with a Business's request for removal from fax-marketing lists. Their request for suppression could be made to your company directly or by registering with the FPS. By law, you need to comply with objections registered with the FPS no later than 28 days after the request was registered.

Can I fax my customers?

The new Regulations cover faxes sent to customer lists as well as non-customer lists. If you conduct out-bound fax direct marketing you will need to be clear on the requirements placed on you by the Regulations which have been effective from 1st May 1999. From that date you are required to ensure you do not fax Businesses who have objected. This will include any of your own customers who have indicated to you directly that they do not wish you to fax and those registered with the central register - the FPS. You will be able to continue to fax to a corporate business if they have previously indicated that they do not object to you faxing them. (Please remember that direct marketing faxes to Individuals are also covered by the prior consent requirements).

What happens if my company faxes to a business which has objected?

Enforcement of the Regulations will be the responsibility of The Office of the Data Protection Commissioner.

Should a Business registered with the FPS make a complaint about faxes from a company, the FPS office will investigate the circumstances in which the fax was sent. A full report will be made to The Office of the Data Protection Commissioner who will take appropriate action under the new legislation. Of course, a Business could also contact the Office of the Data Protection Commissioner directly to complain about a fax being received.

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