From August 11, 2026, all unsolicited telemarketing calls will be prohibited.
Therefore, the rule has been reversed: it is now the responsibility of the professional to obtain the consumer’s consent for cold calling, rather than the consumer having to indicate that they object (Article 13 of the Law of June 30, 2025).
A few months ago, we presented the main rules of telemarketing to be aware of. The violation of which could result in heavy penalties – such as the fine of more than €6 million imposed by the DGCCRF (French Directorate General for Competition, Consumer Affairs, and Fraud Control) for abusive telemarketing.
One of these rules will change on 11 August: it will only be possible to solicit consumers if:
- they have given their prior consent, or
- the call relates to an existing contract and concerns the subject matter of that contract (including when offering additional products or services or an improvements to the contract).
Consumers must explicitly consent to their personal data being used for commercial prospecting by telephone, and this consent must be expressed through « clear affirmative action ».
This consent can be withdrawn at any time.
It is up to the professional to demonstrate that they have obtained the consumer’s consent.
If a consumer’s telephone data is collected when a contract is concluded, the contract must clearly state that soliciting the consumer by telephone without their prior consent is prohibited.
Consumers will therefore no longer need to register with Bloctel (which is expected to disappear).
Even when consumers have given their consent to be solicited, the days and times of solicitation will remain regulated. As is currently the case, authorised calls may only be made on weekdays between 10 am and 1 pm, and between 2 pm and 8 pm.
If you have any questions about telemarketing, consumer mediation or consumer and communications law in general, please do not hesitate to contact us.
When the consumer has given their consent to be solicited, the days and times of solicitation will remain regulated. As is currently the case, authorized calls may only be made on weekdays between 10 a.m. and 1 p.m. and between 2 p.m. and 8 p.m.
Please do not hesitate to contact us if you have any questions about telemarketing, or consumer and communication law in general.