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By Suzanna Kerridge, 5 May 1999 00:25

NEWS UK telecoms regulator, Oftel has appointed the Direct Marketing Association (DMA) to run its opt-out scheme to prevent companies receiving unsolicited faxes and telephone calls. The services, called the Telephone Preference Service and Fax Preference Service, started yesterday morning - three days after an EU Directive against junk mail came into force. As reported last week on Silicon.com, the EU recently passed a law offering legal redress for companies flooded with unwanted mail. Firms wanting to take advantage of the Telecommunications Regulations 1998 can register their names with a central database monitored by the DMA. The conditions of the contract state that the database will be updated not less than every 28 days. Then, after a 28 day grace period, direct marketing companies will be prohibited from sending unsolicited faxes or making calls to those addresses. George Gardiner, solicitor at Tarlo Lyons, said this could mean some companies would not benefit from the opt-out clause until 56 days after registering. "The question to ask is: when is the database going to be updated? If it does not happen as soon as the name is registered but after 28 days, you then have the 28 day grace period, which could leave a window of opportunity of 56 days for marketing companies to continue to send unsolicited mail. This fact needs clarifying, otherwise it presents a big gap." Marketing organisations that ignore the opt-out scheme will face prosecution and could face a fine of up to £5,000. Companies or individuals wishing to register should call 0845 070 0707 for telephone preference or 0845 070 0702 for fax preference.