A company keeps calling me with aggressive sales tactics. Is this unlawful?

What the Law Says

UK law restricts unsolicited marketing calls and prohibits aggressive or harassing sales practices. Two key regulations apply: the Privacy and Electronic Communications Regulations 2003 (PECR) and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Under PECR, companies must not make unsolicited marketing calls to individuals who have not given prior consent — unless the individual is an existing customer and the call concerns similar products or services (the 'soft opt-in' rule). Even then, the individual must have been given a simple way to opt out both at the time of collection and in every subsequent message.

CPUTR bans 'aggressive commercial practices', defined as those that significantly impair a consumer’s freedom of choice through harassment, coercion, or undue influence. This includes persistent, threatening, or intimidating sales tactics — especially when combined with refusal to end the call after being asked.

The Information Commissioner’s Office (ICO) enforces PECR and can issue fines of up to £500,000 for serious breaches. Trading Standards enforces CPUTR and may pursue criminal prosecution.

Statutory Text

A person shall not send electronic mail for the purposes of direct marketing unless the recipient has previously notified that person that he consents to such communications being sent by him.

— Privacy and Electronic Communications (EC Directive) Regulations 2003, reg. 22 — Unsolicited communications

Statutory Text

A commercial practice is aggressive if, in its factual context, by harassment, coercion or undue influence it significantly impairs or is likely to significantly impair the average consumer's freedom of choice.

— Consumer Protection from Unfair Trading Regulations 2008, reg. 7 — Aggressive practices

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