Regulation of telephone canvassing: decree no. 2022-1313 of October 13, 2022 in detail

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The rules of the game for commercial canvassing have been redefined. Decree no. 2022-1313 of October 13, 2022 places new restrictions on the days and times during which telephone canvassing is authorized. To better understand these new regulations, we take a detailed look at their scope, prohibitions, authorizations, frequency limits and penalties for non-compliance.

I - Scope of application

The new framework applies to all telephone solicitations for commercial prospecting purposes, including those covered by article L. 223-5 of the French Consumer Code. It applies both to people who are not on the Bloctel list, and to those who are on the list but are being contacted as part of a current contract.

II - Prohibition on canvassing

According to this decree, telephone canvassing is prohibited on Saturdays, Sundays and public holidays, in application of article L. 3133-1 of the French Labor Code.

III - Authorization for canvassing

Restrictions have also been placed on the days and hours authorized for cold calling. However, certain exceptions are provided for if the consumer gives his or her consent.

A - Authorized days

From now on, telephone canvassing is only permitted from Monday to Friday.

B - Authorized hours

Telephone canvassing is only permitted from 10 a.m. to 1 p.m. and from 2 p.m. to 8 p.m., these times corresponding to the consumer's time zone.

C - Consumer consent

Despite these restrictions, a professional or a person acting on his behalf may solicit a consumer outside the prohibited hours and days, provided he has obtained the consumer's express prior consent.

IV - Limiting prospecting

In addition to restrictions on days and times, the decree also sets limits on the frequency of calls to the same consumer, as well as on the time limit to be respected after a refusal to canvass.

A - Monthly solicitation limits

The same professional, either directly or through a third party acting on his or her behalf, may not telephone or attempt to telephone the same consumer more than 4 times in any 30-calendar-day period.

B - Limitation after a refusal to sell

When a consumer refuses a canvassing call, the professional must refrain from contacting him again by telephone for a period of 60 calendar days from the date of refusal.

This new regulation, which will come into force in 2023, is a major step forward for consumer protection. Companies will have to adapt to these new rules for their commercial prospecting.

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