Ban on junk faxes comes into force

A new law in force on 1 May bans unsolicited faxes to individuals for direct marketing purposes, gives companies an opt out, and bans unsolicited automated calls to individuals or companies.

Individuals (including partnerships outside Scotland) may only be sent unsolicited faxes if they have specifically consented to this.

Companies (including Scottish partnerships) will be able to register their names with a central database maintained by the Director General of Telecommunications.  Any unsolicited faxes to those companies for direct marketing purposes will then (after a 28 days grace period) be banned.  Alternatively, companies can notify specific direct marketing companies that those companies must not send them further junk faxes.

The new law does not apply to unsolicited email.

The operation of the central database is due to be contracted out by Oftel.  As of this week there is nothing in place, but a national advertising campaign is understood to be planned.

Bulletins are for general guidance only. Legal advice should be sought before taking action in relation to specific matters. Where reference is made to Court decisions facts referred to are those reported as found by the Court. Please note that past bulletins included in the Archive have not been updated by any subsequent changes in statute or case law.