PECR: Telephone Marketing Calls (Regulation 23)
Telephone Calls for Direct Marketing [Reg 23]
Rule: Live telephone marketing calls must respect the Telephone Preference Service (TPS) and individual opt-outs.
Requirements
| Requirement | Details | Citation |
|---|---|---|
| Check TPS | Must screen against TPS register | Reg 23(2) |
| Respect individual objections | If person says no, must stop | Reg 23(1)(b) |
| 28-day rule | TPS registration takes effect after 28 days | Reg 23(3) |
| Corporate subscribers | CTPS applies to business numbers | Reg 23(1)(c) |
TPS exceptions
| Exception | Details | Citation |
|---|---|---|
| Prior consent | Can call if person has consented to marketing calls | Reg 23(4) |
| Existing relationship | Does NOT automatically exempt you (unlike email) | - |
Source Text
23.—(1) A person shall not use, or instigate the use of, a public electronic communications service for the purposes of making unsolicited calls for direct marketing purposes where— (a) the called line is that of a subscriber, whether an individual or a corporate subscriber, who has previously notified the caller that such calls should not be made on that line; or (b) the number allocated to a subscriber in respect of the called line is one listed in the register kept under regulation 26.
(2) A subscriber shall not permit his line to be used in contravention of paragraph (1).
(3) A person shall not be held to have contravened paragraph (1)(b) where the number allocated to the called line has been listed on the register for less than 28 days preceding that on which the call is made.
(4) Where a subscriber who has caused a number allocated to a line of his to be listed in the register kept under regulation 26 has notified a caller that he does not, for the time being, object to such calls being made on that line by that caller, such calls may be made by that caller on that line, notwithstanding that the number allocated to that line is listed in the said register.