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 Information Commissioner’s Office.

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 Information Commissioner’s Office who will take appropriate action under the new legislation.

Of course, a Business could also contact the The Information Commissioner’s Office directly to complain about a fax being received.

How do I obtain the FPS data ?

You will need to sign the FPS Data File Licence and complete the Application Form. You will then be invoiced in accordance with your stated requirements. This invoice will need to be paid in full before data can be released.

Which membership category is appropriate to my company ?

The 3 membership categories which are dependent upon how you wish to receive the data.

Annual Data Supply

Select "Annual Licence" if you know your company needs unlimited access to the full data via Web download, bulletin board or a regular update every 28 days on any other media.

If you request access to the full data file via the download options, you will be issued with access and security instructions. otherwise data will be supplied automatically every 28 days.

Ad-hoc Data Supply

For organisations who wish to receive the full file on an ad-hoc basis. Once you have selected "Ad-Hoc Licence" on the application form and a Data File Licence, you can take the data from the web download option

Associate Member

For organisations who do not need to receive the data themselves, but who perhaps use an agency to make calls for them. They may wish to publicly indicate their compliance with the Regulations by using the FPS Logo in their publicity and printed company information.

Can I change my subscription category if I need to ?

If you join FPS as an Associate Member, you can upgrade your membership to a Data Supply Membership at any time if you subsequently decide you need to receive the data file. Simply contact the FPS office to discuss your requirements. Additional fees will be payable.

How will the FPS take into account the forthcoming dialling codes changes ?

We take into account any number code changes, for instance those scheduled for April 2000, by holding both the old and the new codes in accordance with OFCOM's guidance.