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Your rights over nuisance calls and unwanted marketing

Unwanted sales and marketing calls, texts and emails are a common nuisance. The Privacy and Electronic Communications Regulations (PECR) and the UK GDPR give you rights to control how organisations contact you and to stop marketing you do not want.

Your key rights

  • The right to object to direct marketing – you can tell any organisation to stop using your personal information for marketing at any time, and it must stop.
  • Consent for electronic marketing – in most cases organisations need your consent before sending marketing emails or texts, and they must give you an easy way to opt out in every message.
  • The right to be told who is processing your data and for what purpose.

How to reduce nuisance calls

  • Register your number free with the Telephone Preference Service (TPS). It is unlawful for organisations to make live marketing calls to numbers registered with the TPS unless you have specifically told them they can call you.
  • Tell callers directly that you do not consent to marketing calls and ask to be removed from their list.
  • Be careful when filling in forms or entering competitions – check whether you are agreeing to marketing or to your details being shared with third parties.

Recorded and automated calls

Organisations can only make automated (recorded) marketing calls to you if you have specifically consented to receive them. Sending marketing texts and emails generally requires your consent too.

When to complain

If you keep receiving unwanted marketing after objecting, or you receive calls despite being registered with the TPS, you can report it to the ICO. The ICO can take enforcement action, including fines, against organisations that break the rules on nuisance calls, spam texts and unsolicited emails.

What information helps a complaint

  • The name of the organisation (if known) and the number that contacted you.
  • The date and time of the call, text or email.
  • Whether you are registered with the TPS and whether you had given consent.

Where to get more help

See the ICO’s guidance on nuisance calls at ico.org.uk or call the ICO helpline on 0303 123 1113.

Source: Information Commissioner’s Office (ico.org.uk). Contains public sector information licensed under the Open Government Licence v3.0.

Keywords: nuisance calls, unwanted marketing, spam texts, Telephone Preference Service, TPS, PECR, right to object, consent, ICO complaint