Abusive cold calling: what changes on March 1, 2023


Every day, millions of French people are harassed by phone calls which they often do not need. The way of the cross could light up a little from this Wednesday, March 1 and the application of a new decree governing telephone canvassing. This will be limited during the week on defined time slots, with the aim of “protect consumer privacy and end abusive cold calling at all hours”.

“This framework was eagerly awaited and was the subject of discussions between representatives of the call center sector and consumer associations. The decree reconciles the right to more tranquility for the French and the maintenance of jobs in France”, said Olivia Grégoire, Minister Delegate in charge of Small and Medium-Sized Enterprises, Trade, Crafts and Tourism. Bruno Le Maire, for his part, specified that “offenders will face strong penalties if this new framework is not respected”.

What are the new days and times?

From March 1, 2023, telephone canvassing of consumers will only be authorized from Monday to Friday, from 10 a.m. to 1 p.m. and from 2 p.m. to 8 p.m., which will not fundamentally change the lives of French people. On the other hand, cold calling will be prohibited on Saturdays, Sundays and public holidays, unless the consumer has given his prior consent to be called at unsupervised hours. In this unique case, the decree will not apply.

What other measures?

Furthermore, the decree provides that a consumer cannot be contacted by telephone for commercial prospecting purposes more than four times a month (period of 30 calendar days) by the same professional or a person acting on his behalf.

Finally, when the consumer refuses this canvassing during the conversation, the professional must refrain from “contact him or attempt to contact him before the expiration of a period of 60 calendar days from this refusal”.

What are the professionals at risk?

The violation of these rules is sanctioned by the administrative fine provided for in article L. 242-16 of the Consumer Codeor a fine of €75,000 for a natural person and €375,000 for a legal person.

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