Have you been harassed on the phone less in recent days? Since 1er March, new rules governing cold calling apply. In principle, mortgage or life insurance telemarketers can only contact prospects on weekdays, from 10 a.m. to 1 p.m. and from 2 p.m. to 8 p.m. Prospecting is prohibited on weekends and public holidays.
In addition, the decree of October 13, 2022 limits the frequency of requests. A consumer cannot be called more than four times per 30-day period, by the same professional or by a third party acting on his behalf. This count takes into account attempted calls or messages on the answering machine.
These new rules concern all French people, whether or not they are registered on the Bloctel list. On the other hand, they do not apply if “the consumer has given his express and prior consent to be called, the professional having to justify this”. A sort of opt-in applied to teleprospecting.
Almost a month later, has the situation changed? The change is not radical, and not all teleprospecting companies are (yet) playing the game. Social networks are buzzing with complaints from consumers contacted outside legal days and times. The investigation carried out by France Télévisions is hardly more conclusive. A woman complains in particular of having received a commercial call at 8:30 am.
Make forget the failures of Bloctel
Everyone has in mind the failures of the Bloctel device. Set up in 2017, it was supposed to protect the French on its list from unsolicited canvassing. Three years later, a survey by the DGCCRF (General Directorate for Competition, Consumer Affairs and Fraud Prevention) showed that 51% of the 800 establishments checked were “abnormal”.
The UFC Que Choisir noted that 82% of people registered on Bloctel continued to be harassed by telemarketers working mainly in home renovation, renewable energies and the distribution of gas and electricity. The petition launched at the time by the association brought together 450,000 signatories.
This time, the amount of the penalties could convince recalcitrant teleprospecting companies. Violation of the new rules may be sanctioned with an administrative fine of 75,000 euros for a natural person, and 375,000 euros for a legal person.
Call centers banned from 06
The new regulatory framework also has the advantage of being combined with another measure. Since 1er January, professionals using automated call and message systems were imposed series of telephone numbers starting with 0162, 0163, 0270, 0271, 0377, 0378, 0424, 0425, 0568, 0569, 0948 and 0949 in mainland France (full list below).
At the same time, for the sake of readability for subscribers, Arcep, the telecoms regulatory authority, reserves the use of mobile numbers in 06 and 07 – “lastingly attached to a user in everyone’s mind” – exclusively to interpersonal communication services.
A blow for teleprospecting players
These constraints, synonymous with loss of earnings, are resented by companies specializing in the outsourcing of customer relations.
Asked by The echoes, a player in this market expects telephone sales to fall by 20 to 25% in March. This will lead him to increase his prices, being paid by the principals on a performance basis.
The new legislative framework could also lead to accelerating the relocation – already well under way – of call centers in low-cost countries, largely in the Maghreb. If French regulations apply regardless of the location of the telephone platform, this movement towards offshore would allow service providers to preserve their margins.