Nuisance Marketing Calls or Scam Calls? What the Telephone Preference Service and ICO Cover in the UK

Not every unwanted call is a scam, and not every scam call breaks the same rules. In the UK, legitimate marketing calls are regulated, and the rules give people a free way to opt out. Scam calls are crimes and are reported elsewhere. Knowing which is which decides what action will actually work, and whether registering with the Telephone Preference Service or reporting to a fraud body is the more useful first step. This guide draws on published guidance from the Information Commissioner’s Office (ICO) and Ofcom and applies across the UK unless stated; it is general information, not legal advice.

What counts as a nuisance marketing call

The ICO defines nuisance marketing calls as unwanted phone calls that try to promote a product, service, aim or ideal where the person has not given permission to be contacted. It identifies two types: live calls from real people made without consent, and automated calls with pre-recorded messages. Ofcom describes the same two categories, adding that a live telesales caller must identify themselves, provide contact numbers and stop if asked.

The rules businesses must follow

The ICO’s guidance for organisations says a business must not make unsolicited live marketing calls to any number registered with the Telephone Preference Service (TPS) or, for businesses, the Corporate TPS, unless the person has specifically consented. Callers must always say who is calling, allow their number or an alternative contact number to be displayed, and provide a contact address or freephone number if asked. Automated marketing calls face a stricter test: they must not be made unless the person has specifically consented to that type of call, and the recorded message must include the caller’s name and a contact address or freephone number. For pensions, the ICO says only trustees, scheme managers or firms authorised by the Financial Conduct Authority may make such calls, and only with prior agreement. Our pension scams guide covers the fraud side of that.

What registering with the TPS does

Both the ICO and Ofcom say registration is free, and Ofcom gives the number as 0345 070 0707 (or online at tpsonline.org.uk). The ICO adds an important caveat: if a person agreed to receive calls before registering, that organisation may still contact them until they ask it directly to stop. Ofcom also recommends telling a caller directly that you do not want to be called. Registration is aimed at lawful marketing; scams are treated as crimes and are reported separately, as set out below.

Where to report each kind of call

The two regulators split responsibilities like this:

  • Nuisance marketing calls, texts and emails: report to the ICO (online, or 0303 123 1113 according to Ofcom), which also enforces the rules; the ICO says it issued over £2.8 million in fines to companies responsible for nuisance calls, texts and emails in 2021/22. Complaints can also be made to the TPS.
  • Silent and abandoned calls: report to Ofcom. Ofcom describes abandoned calls as ones that ring but end when you pick up, and silent calls as ones where you hear nothing, usually from automated dialling systems. It says it can fine up to £2 million for repeated violations.
  • Scams: report to Report Fraud, or to Police Scotland in Scotland, according to the ICO.
  • Abusive or threatening calls: report to the police, on 101 or 999, and tell your phone provider, says Ofcom.
  • Business practice complaints: the ICO points to Trading Standards.

Spam text messages can be forwarded free of charge to 7726 on most UK networks, according to Ofcom. See our guides to spoofed numbers and scam calls and where to report a scam for the fraud routes in more detail.

Practical steps

  • Register with the TPS to cut down lawful live sales calls.
  • Ask legitimate callers directly to stop calling you.
  • Do not press buttons or reply to unknown texts other than forwarding them to 7726.
  • Ask your telephone network about call-blocking tools; the ICO notes that some are available, sometimes free of charge.
  • Treat any call that demands payment, personal details or an urgent decision as a possible fraud rather than a marketing matter.

Frequently asked questions

Will the TPS stop scam calls? The register deals with lawful marketing calls. The ICO directs scams to Report Fraud, or to Police Scotland in Scotland.

Who handles silent calls? Ofcom, according to both the ICO and Ofcom guidance.

Can a company call me after I registered if I agreed earlier? The ICO says an organisation you agreed to hear from may still call until you ask it directly to stop.

The bottom line

Lawful marketing calls are governed by consent and TPS rules that the ICO enforces, while scam calls are crimes to be reported to Report Fraud or Police Scotland. Registering with the TPS reduces the first kind and does not address the second, so the type of call decides both the action and the reporting route.

Sources