Telephone canvassing, aimed at sometimes vulnerable elderly people and, above all, shortcomings that have persisted despite an initial sanction: faced with this finding, the banking and insurance policeman, the ACPR, imposes a fine on Viva Conseil, recently renamed Resurgence Insurance. But not only.
Unscrupulous commercial practices, with the risk of seriously prejudicing the people prospected, who may be led to sign contracts that do not meet their interests, especially when they are, because of their age or their situation, vulnerable. Extract from the press release published Monday, October 24 by the Prudential Control and Resolution Authority (ACPR), to echo the sanction (20,000 euros and 7-year ban on practicing for Rsurgence Assurances, formerly Viva Conseil) that the sanctions commission has just imposed on this company and its two managers, Pascal Evrard and Annie Afchain.
Such publicity for an ACPR sanction targeting a small structure is extremely rare, which testifies to the seriousness of the breaches alleged by the banking and insurance police.
Worse, following an initial check, accompanied by a reprimand and a temporary ban on practicing, the shortcomings persisted after a first check and a first disciplinary sanction, and which are not contested and are of a particular climbs.
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Potentially vulnerable customers
In question, a commercial strategy knowingly targeting potentially vulnerable customers: At the time of the inspection, she had two employees in France and was marketing health insurance and legal protection contracts by telephone canvassing via two Moroccan structures. It was aimed at a “senior” French clientele, selected from lists of prospects proposed by service providers..
Recently renamed Rsurgence Assurances, this broker operating at the time as Viva Conseil ceased its distance selling activity in 2021 to focus on a wholesale broker activity, according to the ACPR. Following the first disciplinary procedure, the company had no other choice than to stop its distance sales of contracts.
But faced with the seriousness of the breaches, the insurance policeman estimated that even in this new activity, the ignorance of the intermediary’s obligations is such that it is likely to lead to the same consequences. Hence this heavy and lasting sanction.
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