Live calls: the number is not on the TPS or CTPS and the person has not objected to you. (PECR reg 21) Live calls to TPS-registered numbers only where the subscriber has notified you that they do not object for the time being. (PECR reg 21(4)) Automated calls only with prior specific consent to automated calls from you. (PECR reg 19)

Claims management or pension scheme marketing calls without prior consent. (PECR regs 21A and 21B) Withholding your number or failing to identify yourself. (PECR reg 24)

What happens if it goes wrong?

Regulatory: The regulator can issue an enforcement notice and, since 2026-02-05, a penalty of up to £17.5 million or 4% of annual worldwide turnover (PECR as amended by DUAA s.115). Directors and officers can be fined personally where a marketing breach resulted from their conduct. Nuisance calls are the most common ground for PECR penalties. Criminal: No offence. Civil: Anyone who suffers damage because of a breach of PECR can claim compensation from the person responsible (PECR reg 30).

When can you make marketing calls, and what is the TPS?

You can make live marketing calls to anyone who has not told you they object and is not registered with the Telephone Preference Service (TPS), or the Corporate TPS for businesses, unless they have specifically told you they do not object to your calls. Automated recorded marketing calls need prior specific consent.

Electronic communications

What it is

The TPS is the central opt-out register for individuals' numbers; the CTPS covers corporate numbers. Callers must screen numbers against the register, in practice at least every 28 days, and keep their own do-not-call list. Calls about claims management and pensions have stricter rules requiring prior consent.

When you can call

Live calls: the number is not on the TPS or CTPS and the person has not objected to you. PECR reg 21
Live calls to TPS-registered numbers only where the subscriber has notified you that they do not object for the time being. PECR reg 21(4)
Automated calls only with prior specific consent to automated calls from you. PECR reg 19

When you cannot

Claims management or pension scheme marketing calls without prior consent. PECR regs 21A and 21B
Withholding your number or failing to identify yourself. PECR reg 24

Who is responsible

The organisation making the call and any that instigates it.

What it involves

Screen against the TPS and CTPS regularly.
Keep a do-not-call list.
Display a number that can be called back.
Hold records of consent for automated calls.

If it goes wrong

Regulatory: The regulator can issue an enforcement notice and, since 2026-02-05, a penalty of up to £17.5 million or 4% of annual worldwide turnover (PECR as amended by DUAA s.115). Directors and officers can be fined personally where a marketing breach resulted from their conduct. Nuisance calls are the most common ground for PECR penalties.
Criminal: No offence.
Civil: Anyone who suffers damage because of a breach of PECR can claim compensation from the person responsible (PECR reg 30).

Go further

The law: PECR
Checklists: Electronic marketing permission

Sources

Primary Privacy and Electronic Communications (EC Directive) Regulations 2003, regulation 19 legislation.gov.uk
Primary Privacy and Electronic Communications (EC Directive) Regulations 2003, regulation 21 legislation.gov.uk
Secondary Telephone Preference Service TPS

Updated 2026-11-09