Consumer Rights
A company called my private number with my name and job title — what can I do?
Summary
If a sales firm rings your private number and already knows your name, job title, and workplace, treat it as both a marketing-call problem and a personal-data problem. The rules differ by call type. A first live unsolicited sales call (a real person speaking) is not automatically unlawful under PECR (Privacy and Electronic Communications Regulations); for most live marketing, firms may call numbers that are not on the TPS and have not objected to that firm. Automated marketing calls (computer dialler + pre-recorded message) are stricter: they need your specific consent for that type of call. Free first steps: tell them to stop, register with the Telephone Preference Service (TPS), and if calls continue, report nuisance marketing (live or automated) to the ICO. Ask how they got your data and use your UK GDPR rights.
Key information
- The ICO splits nuisance marketing into two types: live calls (a real person) and automated calls (an automated dialling system that plays a pre-recorded marketing message when you answer).
- Live unsolicited sales calls are regulated under PECR. For most live marketing (not claims-management or most pension cold calls), firms do not need advance consent if your number is not on the TPS and you have not objected to their calls.
- Automated / computerised marketing calls are stricter (PECR regulation 19). Firms must not make them unless you specifically consented to receive automated marketing calls from that organisation. General marketing consent, or even consent for live calls, is not enough.
- Automated callers must still give their name, a contact address or freephone number, and allow their number (or an alternative) to display.
- Firms generally must not make live marketing calls to numbers on the TPS unless you specifically agreed to their live calls. Claims-management cold calls need consent; pension cold calls have strict limits.
- Registering with TPS is free. It takes about 28 days to take effect. Keep your own notes of who called, when, and whether it was live or a recorded message. A personal private number goes on TPS (not the Corporate TPS). TPS helps against unwanted live marketing; for automated calls, also report to the ICO if you did not consent to recorded messages.
- Tell the caller (and follow up in writing if you can) that you object to marketing calls, live and automated, and want your number removed. Firms must respect objections straight away, even before TPS bites.
- If calls continue after objection / TPS, report nuisance marketing calls to the ICO (the ICO takes reports of both live and recorded-voice marketing).
- Separately, if they hold your name / role / workplace / private number, you can ask where they got the data and for a copy of what they hold (UK GDPR). Objecting to direct marketing is often stronger than a blanket “delete everything” ask; erasure applies only in set circumstances (ICO explains when).
- Scam or fraud calls are different — use Report Fraud (England, Wales, Northern Ireland), not only TPS. Silent or abandoned calls (no marketing message) are usually for Ofcom, not the ICO.
- TPS will not stop all sales calls immediately — allow about 28 days. Scams sit outside TPS. If you previously agreed that a specific firm could call you live, tell them to stop even after you register with TPS.
- A first ordinary live cold call is usually not automatically illegal. Automated recorded marketing without specific consent is a separate, stricter breach.
Practical guidance
- The company — say clearly: stop marketing calls (live and automated / recorded); stop using my personal data for this purpose (object to direct marketing); tell me your source.
- Telephone Preference Service (TPS) — free statutory opt-out from live marketing calls; register your mobile/landline (takes about 28 days to bite). Still report automated/recorded marketing to the ICO if you never consented.
- ICO — nuisance calls — report ongoing nuisance marketing calls, including automated / recorded-voice marketing if you did not consent to that type of call; use ICO guidance for data-rights requests. Make a complaint.
- Report Fraud — if the call is a scam (not ordinary sales). England, Wales, Northern Ireland; Scotland: Police Scotland.
- Ofcom — silent and abandoned calls (ring / hang-up with no marketing message); see ICO nuisance-calls routing.
- Citizens Advice — free help and route to Trading Standards if trader practices look unfair beyond the calls. England consumer helpline 0800 144 8848.
- Ask the Shaman — signposts the right free door for your facts (signposting only).
Related topics
This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.
