The Privacy and Electronic Communications Regulations govern electronic marketing, including telesales calls, automated calls, marketing faxes and electronic mail.
Telesales calls
We may be able to help if:
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you have received a marketing call;
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you can identify the caller;
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the caller is based in the UK; and
If you cannot identify the caller, we will be unable to pursue the matter.
Automated calls
We may be able to help if:
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you have received a pre-recorded marketing message;
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you can identify the caller;
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the caller is based in the UK; and
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you have not previously consented to the call.
If you cannot identify the caller, we will be unable to pursue the matter.
If the automated call invites you to call a premium-rate number (one starting with 090), ask PhonepayPlus, the premium-rate regulator, for advice.
Faxes
We may be able to help if:
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you have been sent a fax consisting of marketing or promotional material;
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you can identify the sender; and
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you are an individual subscriber and you have received a fax that you did not ask for; or
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you have received a fax through a fax number that is registered with the Fax Preference Service.
Electronic mail
(emails and text, picture, video and answer-phone messages)
Electronic mail marketing messages should not be sent to individuals without their permission unless all these following criteria are met:
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The marketer has obtained your details through a sale or negotiations for a sale.
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The messages are about similar products or services offered by the sender.
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You were given an opportunity to refuse the marketing when your details were collected and, if you did not refuse, you were given a simple way to opt out in every future communication.
We may be able to help if:
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you have received an electronic mail marketing message which you did not ask for or which does not otherwise comply with the above criteria;
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the sender is based in the UK; and
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you can identify the sender.
The regulations do not cover electronic mail marketing messages sent to businesses.
Before you complain to us
First, you should contact the organisation concerned. Tell them about the problem and allow them time to put things right. In many cases, things can be resolved quickly without us getting involved. You can also call our helpline for advice about what you can do to resolve the matter on 08456 306060 or 01625 545745.
What if I cannot resolve the problem myself?
If you have contacted the organisation about the problem but have been unable to resolve it, we may be able to help.
If necessary, we will investigate the problem further. If we think the law has been broken, we can give the organisation advice and ask them to solve the problem. In the most serious cases, we can order them to do so.
We cannot award you compensation or punish an organisation for breaking the law. Our main aim is to get the organisation to change the way it works so that it complies with the regulations in future.
Supporting evidence
You will need to provide us with information in support of your complaint otherwise it may not be eligible for further consideration. Our complaint form will explain the kind of information we need, but if you are unsure please call our Helpline on 08456 30 60 60.
Make your complaint
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By post:
If your supporting evidence is in hard copy, you can fill in the Word version of our complaint form, print it out and post it to us with your supporting evidence.
Privacy and Electronic Communications complaint form (Word version for submission by post).
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By email:
If all your supporting evidence is available electronically, you can fill in our our online complaint form. Important: information included in the form, and any supporting evidence will be sent to us by email. Email cannot be guaranteed secure as email messages can be intercepted.
Privacy and Electronic Communications complaint form
(for submission by email).