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What is FPS

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 telemarketers in the UK and came into force 1st May 1999 and replaced on 11th December 2003 by the Privacy and Electronic Communications (EC Directive) Regulations 2003. 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 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.

The Regulations require that companies comply with an Individual's request for suppression made to the central registration scheme no later than 28 days after the request was registered.

Who are Individuals?

The term "Individual" in UK law includes Consumers, Sole Traders and (except in Scotland) Partnerships.