UK rules · updated October 2026
Is missed call text back legal in the UK?
Short answer: yes, when it's done properly. A text that replies to someone who has just rung you, about the thing they rang about, is not unsolicited marketing. The UK's marketing rules (PECR) are aimed at messages people didn't ask for. What keeps a missed call text back on the right side of the line is what the text says, who it says it's from, and what you do with the number afterwards. Here's how the rules apply, in plain English.
The rule that matters
PECR covers unsolicited marketing
The Privacy and Electronic Communications Regulations (PECR) say you can't send marketing texts to individuals without their consent. But they're about marketing, and about messages people didn't ask for.
The ICO puts it simply: a solicited message is one that is actively requested, and if someone asks you for information you can send it without worrying about PECR, as long as you still say who you are. It also says routine customer service messages don't count as direct marketing.
When a customer rings your business about a job and you text them back about that job, you're answering their enquiry, not advertising to them.
Where it tips over
What would make it marketing
- Adding offers, discounts or "10% off this month" to the reply.
- Promoting other services they didn't ask about.
- Adding them to a newsletter or a promotions list.
- Texting them again weeks later with something to sell.
The ICO says that if a message includes significant promotional material, the marketing rules apply. Then you need consent, or the "soft opt-in" for existing customers.
Checklist
Six things that keep a missed call text back compliant
- Only text people who rang you. The text is a reply to their call, sent within seconds. Never text a list of numbers.
- Keep it about their enquiry. "Sorry I missed you, what's the job and whereabouts are you?" No offers, no upsells.
- Say who you are. Your business name in the text. The ICO expects you to identify yourself even when a message was asked for.
- Give a way to stop. Replying STOP should end it straight away, every time.
- Tell people what you do with their details. The caller's number is personal data under UK GDPR. Mention missed call texts in your privacy notice, keep the details only as long as you need them, and don't reuse them for marketing.
- Don't follow up with promotions. One polite nudge about the same enquiry is still about their job. A sales message weeks later is marketing.
UK GDPR
The caller's details
A phone number belonging to a person is personal data, so UK GDPR applies alongside PECR. In practice that means a lawful reason to use it (replying to someone who contacted you about a job is a strong one), being open about it in your privacy notice, keeping it secure, and not keeping it forever.
You can read exactly what Instant Reply holds about callers, and why, in your data.
Why it's worth getting right
The fines went up
Changes made by the Data (Use and Access) Act 2025 brought PECR fines up to the same level as UK GDPR: up to £17.5 million or 4% of worldwide turnover. That's aimed at nuisance marketing, not a roofer replying to a customer, but it's a good reason to keep missed call texts plain and about the job.
How Instant Reply handles it
Built to stay on the right side of the line
| The rule | What we do |
|---|---|
| Only reply to callers | A text goes only to a UK mobile that has just rung your number and wasn't answered. Landlines get nothing. |
| About their enquiry | The text asks what the job is and where, collects the details and promises a call back. It never quotes, books or sells. |
| Say who you are | Every text is in your business's name and says it's taking details for you. It never pretends to be you. |
| A way to stop | Replying STOP ends the conversation straight away and that number isn't texted again. |
| No repeat texting | Someone who rings twice in a few hours gets one text, not two. Numbers on your safe list (family, suppliers) never get one. |
Questions
Missed call text back and the law
Do I need consent to text back a missed call?
Not for a plain reply about the enquiry. PECR's consent rule is for unsolicited marketing, and the ICO says a message someone has asked for, or a routine customer service message, isn't that. You still need to say who you are and let them stop the texts.
Can I include an offer in the text?
We'd advise against it. Once a message includes significant promotional material, the ICO treats it as marketing, and the consent rules apply.
Does it matter if the caller is a business or a person?
Not for a reply to their own call. The individual-versus-company distinction matters for cold marketing, not for answering someone who contacted you.
Can I send a follow-up if they don't reply?
One polite nudge about the same enquiry is still about their job. Repeated chasing, or anything promotional, isn't. Instant Reply sends at most one nudge, and never to anyone who's replied STOP.
Do I need to mention it in my privacy notice?
Yes. Say that you reply to missed calls by text, what you collect and how long you keep it. It's a short paragraph.
Is this legal advice?
No. It's how we read the ICO's published guidance. If your set-up is unusual, take advice from a solicitor or the ICO's helpline.
Next step
Missed call text back, set up properly. Live today.
We write your texts with you, keep them about the job, and switch it on with one code on your phone. How missed call text back works.