more supervised telephone canvassing, Actualité/Actu Quotidien

As a result of the reform of insurance brokerage and banking operations, a decree of January 18 strengthens consumer protection in the context of cold calling for these activities.

Still authorized, these solicitations will have to follow a stricter procedure to respect the consent of individuals. Companies must expressly ask people contacted by telephone for their agreement to continue the communication, after having indicated the commercial nature of the process.

Without this consent, companies will be obliged to hang up, and above all, will not be able to renew their call for the same commercial proposal.

Other measures are provided for by the decree:

  • If the consumer already has insurance for the cover offered, the company should ensure that he is within the possibility of terminating the current contract when the new contract takes effect;
  • The insurer must respect a 24 hour delay before having the contract signed to the new client, and ensure that the latter has received all the documentation required by law;
  • Signing the contract is now mandatory, handwritten and electronic. Simple oral consent is no longer allowed;
  • After signing, the insurer must send in writing a set of mandatory information : term of the contract, dates of conclusion and effective date of the cover, terms of the right of renunciation, complaints, etc.
  • Call recording is also now imposed: the person contacted must be informed and their consent required. If she refuses, the canvasser will have to end the conversation. The recorded exchanges must be kept for two years if the consumer concludes a contract with the direct seller.
  • LThe customer can request to receive a copy of the recording, just like the DGCCRF and the ACPR in the event of a dispute;

All these obligations will apply from April 1. Companies that do not respect them will be liable to a fine of up to €1,500 (5th class fines). It should be noted that this new legal framework does not apply to persons already bound by a contract to the marketer as well as to those who have requested to be contacted.

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