France implements new telemarketing consent laws

New regulations in France, effective as of August 11, now require companies to obtain prior, free, and informed consent from individuals before making commercial telemarketing calls. This reform aims to address the limitations of the Bloctel system, which had proven insufficient against the rising volume of unsolicited calls. Under the new rules, consent must be a positive act, specify the products or services involved, and is valid for a maximum of one year. Consumers retain the right to withdraw consent at any time.

Exceptions to these rules include calls made by companies with whom the consumer already has an existing contractual relationship to propose related offers. Notably, any contract concluded through telemarketing that violates these new regulations may be deemed invalid.

Despite these changes, consumer advocacy groups like the CLCV report that some companies are already attempting to bypass the law. Methods include falsifying or masking phone numbers to evade detection. The effectiveness of the regulation will depend on enforcement by the DGCCRF, which can issue fines of up to 375,000 euros to legal entities.