B2B & B2C – Opt-out
Telemarketing operates under the opt-out regime. It is not permissible to send the advertising to those who have specifically objected to it or those who are ex-directory.
Likewise, it is not permissible to perform direct marketing by phone to corporate and individual subscribers if they are not prior informed of this.
The advertiser has to offer a free and easy to use right of opposition.
Individual subscribers have a free right to be registered with the Anti-Prospection List (no commercial call), Bloctel or Red List (not in the phone book).
It is forbidden to prospect by direct call individual suscribers registered in the Bloctel list.
Calls can be made to individual subscribers where there is a pre-existing contractual relationship or the call is to offer subscriptions to newspapers, journals and magazines.
Governing law : Article 38 de la loi du 6 janvier 1978 ; Articles L. 34 et R. 10 du CPCE ; Article 121-34 of Consumer Code
Sanctions: administrative fines may not exceed the amount of € 3,000 for a natural person and € 15,000 for a legal person (article 121-34-1 of Consumer Code)
By the law of 17th March 2014, companies have to use the Anti-Prospection List for each telemarketing campaign. France expects the appointment of the managing stakeholder of the List.
Automated calls – Opt in
Automated calls operate under the opt-in regime. It is not permissible to perform direct marketing by automated calls to corporate or individual subscribers without their prior consent, given in an explicit manner.
The advertiser has to offer a free and simple way to object to the calls (right of opposition).
Governing law: Article L. 34-5 du CPCE ; Article L. 121-20-5 du Code de la consommation ; délibération n°85-79 du 10 décembre 1985.