The rules are stronger than simply "register with the TPS". Automated marketing calls generally require specific consent, while live marketing calls have different rules and special restrictions for pension and claims-management calls.
PECR Has Different Rules for Different Kinds of Marketing Calls
For live marketing calls to individuals, organisations generally must screen against the Telephone Preference Service (TPS), unless the subscriber has specifically consented to the calls or another applicable exception applies.
Automated marketing calls are stricter: specific consent is required. The ICO says consent to ordinary direct marketing or to live calls is not enough to authorise automated calls.
Claims-Management and Pension Calls Have Additional Restrictions
PECR contains special rules for live marketing calls about claims-management services and pension schemes. The consent/relationship requirements are stricter than for ordinary live marketing calls.
That distinction matters when documenting PPI-style claims calls or pension marketing: do not assume the ordinary TPS rule is the whole legal test.
What Does TPS Registration Actually Do?
The TPS is a statutory register recording an individual's general objection to live direct marketing calls. Registration is free. It is not a blanket block on every telephone call: scam calls, silent calls and legitimate non-marketing calls involve different rules and regulators.
If marketing calls continue after TPS registration and the relevant waiting period has passed, make a detailed ICO report.
Build a Complaint File
- Screenshot your TPS registration/status.
- Record the calling number as displayed.
- Record date and time of each call.
- Record the company name and purpose stated by the caller.
- Keep voicemail or other lawful evidence.
- Record whether you gave consent and when.
- Keep any follow-up texts or emails linked to the call.
Be careful with recordings: recording a call can raise privacy, employment and communications issues depending on who is involved and how the recording is used. A written contemporaneous note is often safer evidence if you are unsure.
Can the ICO Fine a Company £500,000?
Yes. The ICO states that for PECR breaches it can issue a monetary penalty notice of up to £500,000 against an organisation or its directors. That is the regulator's maximum monetary penalty power, not a fine that a consumer receives for making a complaint.
How to Report the Calls
Use the ICO's nuisance-call reporting process for predatory or nuisance marketing calls. If the conduct appears to be fraud or a scam, the appropriate route can instead be Report Fraud or the police. Silent and abandoned calls can involve Ofcom rather than the ICO.
What This Means Practically
- TPS is important for live marketing calls, but not a universal spam-call shield.
- Automated marketing calls require specific consent.
- Keep dates, numbers, caller identity and consent history.
- £500,000 is the ICO's maximum PECR monetary penalty power — not a consumer compensation amount.
- Send evidence-rich reports to the correct regulator.
Sources
- ICO — What are PECR?. ico.org.uk
- ICO — Nuisance calls. ico.org.uk
- ICO — Direct marketing guidance, including TPS and automated calls. ico.org.uk
- ICO — Direct marketing using live calls / pension and claims-management rules. ico.org.uk