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French Consumer Law

The Hamon Law has supplemented the consumer protection mechanism in the field of distance sales by creating an offense relating to telephone canvassing. It differs from off-premises canvassing in that the contract is concluded without the simultaneous presence of the parties Moreover, Article L. 221-16 (Article L. 121-20) of the Consumer Code expressly attaches it to the regime of distance selling …

Telephone canvassing

The Hamon Law has supplemented the consumer protection mechanism in the field of distance sales by creating an offense relating to telephone canvassing. It differs from off-premises canvassing in that the contract is concluded without the simultaneous presence of the parties Moreover, Article L. 221-16 (Article L. 121-20) of the Consumer Code expressly attaches it to the regime of distance selling by referring to Article L. 221-12 (former Article L. 121-19-1), which governs the formalities specific to distance selling.

There are a number of constraints imposed on professionals using telephone canvassing: when contacting a consumer by telephone for the purpose of concluding or modifying a contract relating to the sale of a good or the provision of a service, they are required to state, in a clear, accurate and understandable manner, their identity or, where appropriate, the identity of the person on whose behalf they are making the call, and the commercial nature of the call at start of the conversation. In addition, they cannot use masked numbers in accordance with Article L. 221-17 . Finally, under Article L. 223-1 (former Article L. 121-34), the use of this technique may, except in the case of pre-existing contractual relations or for the supply of newspapers, periodicals or magazines, be prohibited if the consumer is registered on a telephone canvassing opposition list . Article L. 221-16, as amended by Ordinance No 2021-1734, provides that the professional must inform the consumer that he may register free of charge on the list of individuals who do not wish to receive unsolicited commercial calls.

Following the telephone canvassing call, the professional must send the consumer, on paper or on a durable medium, confirmation of the offer he has made containing all the information mentioned in Article L. 221-5 (former Article L. 121-17). The consumer will not be bound by the offer until he has signed and accepted it in writing or given his consent by electronic means . Thus, the telephone operator who performs the service offered on the telephone without having obtained the consent of the consumer by written or electronic means, incurs its liability .

The violation of the provisions relating to telephone canvassing is punishable by an administrative fine of up to EUR 3,000 for a natural person and EUR 15,000 for a legal person .

  Consumer Code, new Article L. 221-17: "When a professional contacts a consumer by telephone under the conditions provided for in Article L. 221-16, the use of a hidden number is prohibited.

The number displayed before the call is made in application of the first paragraph is assigned to the professional on whose behalf the call is made. In the event of a call back from the consumer to this number, this professional shall identify himself prior to the invoicing of any service other than the price of the call.

A joint order of the ministers in charge of consumer affairs and the digital economy, issued after consultation with the Autorité de régulation des communications électroniques, des postes et de la distribution de la presse [Electronic Communications, Postal and Print media distribution Regulatory Authority], shall define the number ranges that may not be used as call identifiers by a professional who calls a consumer, taking into account the pricing cap and the format of those numbers".

  See, for the regulatory provisions relating to the opposition list, Consumer Code, Articles R. 223-1 et seq.

 Consumer Code, Article 221-16, paragraph   3.

 CA Bastia, 7 January 2015, LawLex201500001170JBJ.

 Consumer Code, Article L. 242-10 amended by Ordinance No 2021-1734 of 22 December 2021.

French Consumer Law

449. Telephone canvassing

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449. Telephone canvassing

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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