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 they will make sales and they are advertising for these sales by stealing the paper, supplies, and time of the recipients. Some have gone so far as to rename the JFPA the "Junk Fax Protection Act of 2005". Defendants in civil suits brought pursuant to this statute often argue they have the affirmative defense of the "established business relationship." Yet, as is often proven in Court, the defense fails if the Defendant did not comply with 21 FCC Rcd 3787, i.e. that a valid "Opt-out" clause was part of the offending fax. If there is no valid opt-out clause, the