PECR: Fax Marketing (Regulation 21)
Use of Fax for Direct Marketing [Reg 21]
Rule: Fax marketing to individuals requires prior consent. Corporate faxes can be sent unless they’ve opted out via the FPS.
Individual subscribers
| Requirement | Details | Citation |
|---|---|---|
| Consent required | Cannot fax individuals without prior consent | Reg 21(1) |
| No soft opt-in | Unlike email, no exception for existing customers | Reg 21(1) |
Corporate subscribers
| Requirement | Details | Citation |
|---|---|---|
| Check FPS | Must check Fax Preference Service | Reg 21(3) |
| Respect opt-outs | Cannot fax companies registered with FPS | Reg 21(3) |
| 28-day rule | FPS registration takes effect after 28 days | Reg 21(4) |
Source Text
21.—(1) A person shall neither transmit, nor instigate the transmission of, unsolicited communications for the purposes of direct marketing by means of a facsimile machine where the called line is that of— (a) an individual subscriber, except in the circumstances referred to in paragraph (2); or (b) a corporate subscriber who has previously notified the caller that such communications should not be sent on that line, or who is registered with the Fax Preference Service.
(2) The circumstances referred to in paragraph (1)(a) are where the individual subscriber has previously notified the caller that for the time being he consents to such communications being sent by, or at the instigation of, the caller.
(3) A subscriber shall not permit his line to be used in contravention of paragraph (1).