Simply having an individual’s contact details does not mean an organisation can automatically use them for marketing purposes – you must ensure you are following the relevant requirements before contacting individuals.
Telephone marketing can be a useful way for your organisation to advertise and promote your services. However, strict rules must be followed, and breaking them can have serious consequences.
Important PECR rules
The Privacy and Electronic Communications Regulations (PECR) govern how organisations can electronically market to people. They aim to protect people from unwanted communications and ensure organisations respect people’s privacy and communication preferences.
Any individual can sign up to the Telephone Preference Service (TPS), the UK’s official “do not call” register. Organisations can even sign up to a corporate version (CTPS). This means that they don’t want to be contacted via telephone about sales or marketing.
PECR tells organisations that if you want to market to individuals via telephone, you must:
- either rely on consent (someone specifically agreeing to receive marketing calls from your organisation) or
- if you rely on legitimate interest, screen the number against the TPS and CTPS
- maintain suppression lists to ensure that individuals who have opted out of marketing communications are not contacted again
- always be clear about who is calling, display a contact number to the person receiving the call, and provide an address or freephone number if asked.
In May 2026, 2 related companies promoting loft insulation, home surveys and government grants were fined £370,000 for making unlawful marketing telephone calls. The company director was found to be encouraging staff to make thousands of marketing calls to people registered with the TPS, as well as ignoring requests to opt-out of receiving any further calls.
Although this blog focuses on telephone marketing, organisations should also be aware that PECR applies to other areas of electronic marketing, including via email, text and fax.
Key takeaways
Regularly review your marketing procedures to ensure you comply with PECR and reduce the risk of complaints, protect individuals’ privacy, and maintain trust:
- Keep clear records of consent where required
- Screen marketing lists against the TPS and CTPS before making marketing calls
- Maintain an accurate suppression list of individuals who have opted out.
- Provide staff with regular training on direct marketing responsibilities
- Carry out compliance checks to identify and address potential issues.
At Hope and May, we support organisations with their UK GDPR and PECR compliance obligations. Whether you need advice on marketing or wider data protection matters, our team can help review your processes and provide practical guidance to reduce risk.
