The French Senate recently voted to pass a new law banning telemarketing calls without the prior consent of the consumer, according to French television station BFM. The measure was proposed by Senator Pierre-Jean Verzelen and aims to put an end to the sales harassment that plagues consumers.
According to the French newspaper Le Parisien, under the new proposal, companies would be required to obtain consumers' explicit consent before making telemarketing calls, shifting from the current “opt-out” mechanism to a stricter “opt-in” model. The new regulations also impose stricter limits on the frequency and duration of calls, increase penalties for non-compliance, and further prohibit companies from making consent to telemarketing calls a prerequisite for purchasing goods or services.
Previously, France had regulations governing telemarketing. The French Senate news website reported that France passed the consumer-related Harmon Law in 2014, and in June 2016, the government launched the Bloctel website, where consumers can block telemarketing-type calls by registering their information on the site. However, the Bloctel website was underutilised, with only 9% of French people registering and widespread non-compliance by businesses.In July 2020, the government enacted a related law to further strengthen the Harmon Law. According to French newspaper Libération, an opinion poll in October found that 97 per cent of French people oppose the current system, are fed up with telemarketing calls and want them to stop.
Consumer rights organisations have welcomed the new legislation as a key step in reducing the ‘nuisance calls’ that plague millions of people every day. The proposal is now before the National Assembly for further discussion. If passed, it would bring France into line with countries such as Germany, where telemarketing without consent is prohibited: ‘In Germany, it is forbidden to make a phone call without the prior consent of the consumer. The consumer's consent must be recorded and kept by the salesperson for five years. Failure to comply with this rule is punishable by a fine of up to €300,000.’
