Cold Calling: What Regulations Apply to Businesses?
January 30, 2025
The French government has implemented new regulations governing cold calling by businesses, which became effective on March 1, 2023. These regulations aim to protect consumers from unwanted and intrusive sales calls while ensuring businesses can still reach potential customers.
Who is Affected by the Regulations?
The regulations apply to all businesses engaged in cold calling, whether they are based in France or abroad. This includes companies that offer products or services, such as telecommunications, energy, insurance, or financial services.
Key Provisions of the Regulations
- Opt-in Consent Required: Businesses must obtain the explicit consent of consumers before making cold calls. This consent must be freely given, specific, informed, and verifiable.
- Registration on Bloctel List: Consumers can opt out of receiving cold calls by registering their phone numbers on the Bloctel list. Businesses are prohibited from calling numbers on this list without their consent.
- Time Restrictions: Cold calls can only be made during specific hours, typically between 10 am and 8 pm on weekdays.
- Duration and Frequency Limits: Calls must be kept brief and not exceed five minutes. The frequency of calls to the same consumer is also limited.
- Identification: Businesses must clearly identify themselves and the purpose of the call at the beginning of the conversation.
- Transparency: Businesses must provide consumers with complete and accurate information about their products or services, including any applicable fees or charges.
- Right to Object: Consumers have the right to object to receiving further calls at any time. Businesses must respect this objection and remove the consumer’s number from their calling list.
Penalties for Violations
Businesses that violate the cold calling regulations can face significant penalties, including fines of up to €75,000. Consumers who have been subjected to unwanted calls can also file complaints with the French consumer protection agency (DGCCRF).
How to Comply with the Regulations
Businesses can comply with the regulations by following these steps:
- Obtain explicit opt-in consent before making cold calls.
- Register on the Bloctel list to avoid calling numbers that have opted out.
- Call only during permitted hours and within the frequency and duration limits.
- Clearly identify themselves and the purpose of the call.
- Provide complete and accurate information about their products or services.
- Respect consumers’ right to object and remove their numbers from the calling list.
Conclusion
The new cold calling regulations aim to strike a balance between protecting consumers from unwanted calls and allowing businesses to reach potential customers. By following these regulations, businesses can ensure they are operating within the law and maintain positive relationships with their consumers.
Démarchage téléphonique : quelles règles s’appliquent aux professionnels ?
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economie.gouv.fr a new article on 2025-01-30 14:24 titled “Démarchage téléphonique : quelles règles s’appliquent aux professionnels ?”. Please write a detailed article on this news item, including any relevant information. Answers should be in English.
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