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I keep receiving marketing text messages (spam), but I want them to stop

It’s understandable that you want to stop someone sending you marketing text messages. If these are messages from an organisation, including sole traders, then you can do something about it.

This guide will help you understand what data protection and e-privacy law says when an organisation is sending you marketing. Electronic mail covers both marketing text messages and emails. We’ve also written guidance about marketing emails.

Are organisations allowed to send me marketing text messages?

Yes, but organisations must only send marketing text messages to you in the following circumstances:

When you opted into marketing

This could be when you:

  • purchased, or negotiated to purchase, a product from them;
  • used their services; or 
  • signed up to receive messages when visiting their website.

Example

Keeping you updated

As part of our ongoing care for you, we would like to send you relevant information and offers. Please tick the relevant box, if you want to receive these:

☐ Post

☐ Email

☐ SMS

☐ Phone

When you didn’t opt-out

This is known as the soft opt-in. When they collected your details, they should have given you a simple way to opt-out of marketing. If you didn’t opt-out, then organisations are allowed to send you marketing text messages that advertise similar products or services to those you purchased, or negotiated to purchase, in your contact with them.

Example

How we use your information

All details provided by you will be used by our company in accordance with our privacy notice [link to privacy notice]. We will process information about you and members of your party to manage your account and booking. By providing other people's information, you must be sure that you are allowed to provide it.

We'd like to send you fresh offers and inspiration from the slopes by email and post, as well as occasional offers from our sister companies within the Group.

Whatever you choose, you'll still receive all the important info related to your booking.

If you do NOT want to hear from us, please opt out by ticking the boxes:

☐ Email

☐ Text message

☐ Telephone

☐ Post

If you’d like to learn more, please read our guidance about the soft opt-in.

When the marketing you receive is from a charity:

  • about their charitable purposes;
  • in response to you providing your contact details after you
    • expressed an interest in their charitable purposes; or
    • offered or provided support for one or more of those purposes; and
  • they’ve provided a simple way for you to refuse it when you provide your contact details, and in each message after that.

If you provided your contact details whilst using a charity’s service then it may not be appropriate for them to use the soft opt-in to send you marketing.

If you’d like to learn more, please read our guidance about the charity soft opt-in.

Organisations, including charities, must stop sending you marketing text messages when you opt-out. Usually this should happen quite easily. However, if you continue to receive messages, you can consider reporting this to the ICO through our complaint form.

However, there are strict rules about the content of these marketing messages. One of these is that they must give you an opportunity to opt-out in each subsequent message.

Does the soft opt-in apply to all text messages that organisations send to me?

No, the soft opt-in doesn’t apply to all text messages. For example, it doesn't apply to activities such as campaigning or fundraising by political parties.

Example

A supporter makes a donation to a political party. The party provides an opt-in box which clearly explains that people can tick it if they want to hear more by text message. The supporter decides they would like to hear about the party’s campaigning, so they tick the box.

The political party sends a text message to the supporter with information about their campaigning as it has their consent. However, the party can’t send text messages unless they have consent as the soft opt-in wouldn’t apply.

Can I stop these marketing text messages?

If you’re receiving marketing text messages, you can ask the organisation to stop sending them. You should follow any opt-out instructions within the message. This usually involves replying to the message with the word ‘STOP’.

Be careful about replying to any messages if you don’t recognise who has sent them to you. If you believe it is a suspicious message, report it to the 7726 mobile service. You may also be able to report the number to your network provider and block it on your phone.

If the message doesn’t provide any opt-out instructions, you should look for the organisation’s contact details on their website. Use these contact details to inform them that you want to opt-out of marketing text messages.

Tip: you can usually find a suitable email address in the organisation's privacy notice.

The Fundraising Preference Service is a free service to help you manage marketing communications from charities in England, Wales and Northern Ireland. This service will allow you to choose how you want charities to contact you or ask them not to contact you any more. All you need is the name of the charity and their registered charity number to use this service.

However, if you continue to receive messages, you can consider reporting this to the ICO through our complaint form. If you’re interested in learning more, please read our guidance on the Privacy and Electronic Communications Regulations.

How can I avoid receiving spam text messages?

  • Be careful who you give your telephone number to.
  • As best practice don’t share your telephone number, for example by putting it on the internet.
  • Check for opt-out instructions when you first make a purchase or use services.
  • Tell the organisation not to contact you by text message.

I’m receiving spam text messages about accident claims, debts, pensions, or mis-sold payment protection insurance (PPI)

We’re aware that people are receiving text messages about accident claims, debts, pensions, or mis-sold PPI. These messages vary but usually say that you’re entitled to money and should reply to claim it.

What can I do about these text messages?

You can report these text messages to your network provider. They may be able to prevent them, but only those from the original number who sent you the message. Unfortunately, the numbers sending these messages often change, so your network provider can’t guarantee to stop all spam messages.

We advise that you don’t reply to these text messages. If you continue to receive messages, you can contact your network provider with each phone number who sent you the message, or report any spam messages to the 7726 mobile service. If you continue to receive these spam messages, you can consider reporting this to the ICO through our complaint form. 

What can I do if I’m being charged for receiving text messages?

If you’re receiving text messages that you’re being charged for, you can contact Ofcom. They are the regulator for contents, goods and services charged to your phone bill.

The ICO can’t assist with this type of text message.