Junk fax unlawful to send an individual an unsolicited sales and marketing fax without any prior consent of the customer. If the fax receiver is a company or corporate instances, fax communications are permitted unless the subscriber has previously notified the caller that such communications should not be sent on that line; or the subscriber’s line is listed in the register kept under regulation 25 of PECR. This register is maintained on behalf of OFCOM by the Direct Marketing Association and is branded as the Facsimile Preference Service (“FPS”). Unsolicited faxes are regulated by the Canadian Radio-television and Telecommunications Commission (CRTC) and
Junk Fax Prevention Act of 2005 of nuisance telemarketing tactics, it included provisions making it illegal for any person to send an unsolicited advertisement to a fax machine. The law further authorized the recipient of a fax sent in violation of the statute (or a regulation promulgated under the statute) to sue the sender in state court to enjoin further violation, recover for actual monetary losses from such a violation, $500 in statutory damages for each violation (whichever is greater), or both. The law also allows the court, in its discretion, to treble these damages if it finds the defendant violated the statute "willfully" or "knowingly."