If you’ve had a cold, silent or pushy call recently and weren’t sure whether the caller was even allowed to phone you, you’re not alone — and the rules just moved firmly in your favour. On 5 February 2026, key parts of the Data (Use and Access) Act 2025 came into force, giving the UK the strongest nuisance-call regime it has ever had. The problem is that almost nobody has been told.

What actually changed

Three things changed on 5 February 2026, all of them in the consumer’s favour:

• Fines jumped 35×. The maximum penalty for breaking the marketing-call rules (PECR — the Privacy and Electronic Communications Regulations) rose from £500,000 to £17.5 million, or 4% of a company’s global turnover — the same level as a serious data breach.
• An “attempt” now counts. A call is a breach even if it was silent or never actually connected to you. Companies can no longer argue “but you didn’t pick up.”
• It’s easier to act. You no longer have to prove a call caused you “substantial damage or distress” before the regulator can step in.

What hasn’t changed is how confusing the system is. The rules are spread across the ICO, Ofcom and Action Fraud, and most people have no idea which one to go to — or that some calls are illegal the moment they’re made.

Which cold calls are actually illegal?

Here’s the plain-English version of who can call you and who can’t:

• Recorded / automated marketing calls — a pre-recorded voice — are illegal unless you specifically opted in to receive them from that company. Being off the “do not call” register is irrelevant; general marketing consent isn’t enough either. Report to the ICO.
• Live sales calls while you’re on the TPS. If your number is on the free Telephone Preference Service (for 28+ days), a company must not make live marketing calls to you unless you agreed to its calls. A publicly-listed number is no excuse. Report to the ICO + TPS.
• Pension cold calls have been banned since January 2019, unless the caller is FCA-authorised and you already have a relationship with them. An unsolicited pension call is almost always a scam. Report to the ICO; check the firm on FCA ScamSmart.
• Claims-management calls (PPI, “an accident you had,” tax or energy rebates) need your consent. Without it, they’re unlawful. Report to the ICO.
• Silent or abandoned calls are “persistent misuse” of the phone network. Report to Ofcom.
• A live sales call to a number that’s not on the TPS, where you haven’t objected before, is currently still allowed — but you can shut it down by registering with the TPS and telling the company to stop. If they call again after that, it becomes unlawful.

And if a caller asks for money, bank details or a one-time code, or claims to be your bank, HMRC, the police or a courier — that’s not marketing at all. It’s fraud. Hang up, and report it to Action Fraud (or dial 159 to reach your bank safely).

The one thing almost everyone gets wrong

The most important thing to understand about any incoming call is this: the number on your screen can be faked. Through a technique called “spoofing,” a caller can make almost any number appear — a bank’s real fraud line, a local landline, even your own number. So the caller ID is a hint, never proof of identity.

Ofcom now requires networks to block many overseas calls that fake a UK landline number, and rules to block spoofed UK mobile numbers are on the way — but gaps remain. Until then, judge a call on what it asks you to do, not on the number it shows. If you want to know what a particular kind of number (0800, an unknown mobile, a withheld number, an international code) usually means, we’ve written a plain-English “who called me?” guide.

What to do when a nuisance or cold call comes in

1. Never share security details — passwords, PINs, one-time codes or card numbers — on a call you didn’t start.
2. If it claims to be an organisation you use, hang up and call them back on a number from your card, statement or their official website.
3. Don’t be rushed. Pressure to act “right now” is the single most reliable scam signal.
4. Write down the details — the number, the date and time, and what was said. Regulators build cases from patterns across many reports.
5. Register with the free TPS and turn on your network’s free call protection (BT Call Protect, Sky Talk Shield, EE Scam Guard, and the O2 / Vodafone / Three apps).

How to report it — to the right regulator

This is the part people get stuck on, because it depends on the type of call:

• A marketing or recorded sales call → the ICO.
• A silent or abandoned call → Ofcom.
• A scam → Action Fraud on 0300 123 2040 (Police Scotland: 101), or dial 159 if money or your bank is involved.

Reporting matters even for a single call. The ICO and Ofcom don’t usually chase one call, but they build cases from patterns across thousands of reports — and they now fine the worst offenders millions. If you’re not sure which regulator applies, the Cold-Call Checker works it out and drafts the complaint for you.

Frequently asked questions

Is cold calling illegal in the UK?

It depends on the call. Recorded/automated marketing calls are illegal without your specific consent. Live sales calls to a number on the TPS are illegal without consent. Pension cold calls are banned, and claims-management calls need consent. A live sales call to a non-TPS number you haven’t objected to is currently still allowed — but you can opt out and make future calls unlawful.

What is the TPS, and does it cost anything?

The Telephone Preference Service is the UK’s free official “do not call” register. After 28 days it becomes illegal for UK companies to make live marketing calls to you. It’s free — if anyone asks you to pay to register with the TPS, that’s itself a scam.

Does the TPS stop scam calls?

No. The TPS stops legitimate UK marketing calls, but criminals ignore it. For scam and spoofed calls, use your network’s free call protection and treat any request for money or details as fraud.

Related

• Cold-Call Checker — check any call and get the complaint written for you
• “Who called me?” number guide — what each type of number means
• Number spoofing explained
• Pension cold-call scams

Sources

• ICO — nuisance calls
• Ofcom — unwanted calls
• Telephone Preference Service

This article is general guidance about UK cold-call rules as they stood in July 2026, not legal advice. Rules can change; check the regulators’ own pages for the current position.