French Court Strikes Down Parts of Telemarketing Law Amid Rising Phone Scams

The French Constitutional Council has ruled several provisions of the 2020 telemarketing and commercial prospecting law unconstitutional, ordering their repeal by 31 October 2027. The decision stems from a challenge by telecom operator Orange and targets the clause that allowed three separate authorities – the CNIL, ARCEP and the competition‑consumer regulator – to sanction the same breach, risking multiple punishments for a single infraction.

In parallel, French regulators are warning of a surge in phone‑based fraud. The data‑protection authority (CNIL) has alerted consumers to scams that impersonate “personal data protection leagues” and lure victims of data breaches into paid services such as fake VPN subscriptions or monthly data‑deletion fees. Similar tactics are used in PayPal SMS phishing, where fraudulent messages mimic official communications to steal credentials.

Consumers also report repeated calls from the number 01 87 21 77 77, sometimes linked to Amazon deliveries and other times to telemarketing operations. Experts advise checking order status in the relevant app before returning the call. The broader regulatory context includes the upcoming 2025‑2026 amendment that will require explicit consumer consent before any telemarketing outreach, tightening rules that already limit call hours and frequency.

These developments reflect heightened scrutiny of electronic fraud and a move toward stronger consumer protection in France.