Top tips

  • It's against the law for companies to call consumers who are registered with the Telephone Preference Service
  • Never tick boxes that request consent for your details to be passed on to third parties

Register with the TPS

If you're receiving unwanted calls from payday loan companies, you should register with the Telephone Preference Service (TPS).

If you’ve registered with the TPS and still receive unwanted calls, you can make a complaint to the TPS and it will investigate.

But the TPS doesn’t have enforcement powers so it can’t penalise the company responsible for bombarding you with unsolicited calls.

Although the TPS is unable to prosecute, it does send complaints to the Information Commissioner's Office (ICO) which has the power to take action.

It's against the law for companies to call consumers who are registered on the TPS without their clear consent.

Report a loan company to ICO

You can report a payday loan company to the ICO directly.

In May 2011 the ICO was given powers to fine companies up to £500,000 that break the rules on unsolicited texts and phone calls.

But so far the ICO has failed to prosecute any company for breaking the rules. Which? is concerned by the lack of enforcement action that has been undertaken by the ICO to date.

The Information Commissioner has told Which? that it's working 'to produce one source of information which outlines the responsibilities of all the relevant parties'.

And it said that it was 'actively investigating' organisations which it believes to be spamming consumers.

Which? will be continuing to work with all the relevant bodies to ensure that efforts to tackle the problem are stepped up.

If you're registered with the TPS, third parties are not allowed to call you but some companies still do so.

Third party marketing is when your details are sold on to numerous other companies for marketing purposes.

When taking our your payday loan, never tick boxes that request consent for your details to be passed onto third parties.

If you've consented to receive marketing from a specific company, then this organisation is allowed to call you - even if you've registered with the TPS.

But, companies must stop calling you if you explicitly ask them to.

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