A significant bill will be reviewed on January 27 aimed at curbing telemarketing practices in France, particularly related to energy renovations and public aid fraud. Proposed changes include expanding the ban on unsolicited telemarketing and shifting to an opt-in consent model for consumers. While this legislation has political support, concerns arise from the direct selling sector about potential job losses and economic impacts, as the ban could threaten thousands of positions reliant on telemarketing.
Is Telemarketing Coming to an End?
On January 27, a significant bill is set to be reviewed in a public session at the National Assembly, potentially marking the decline of telemarketing practices that many in France find bothersome. Introduced by EPR deputy Thomas Cazenave, who previously served as Minister Delegate for Public Accounts, this legislative proposal seeks to address “all frauds related to public aid,” particularly those associated with energy renovations and ecological equipment programs like MaPrimeRénov’ and energy savings certificates (CEE).
Proposed Changes to Telemarketing Regulations
The initial intent of the proposal was to broaden the existing ban on telemarketing—currently prohibited in the energy renovation sector and the personal training account (CPF)—to include “housing adaptation works for disability and old age.” Following discussions in the Economic Affairs Committee of the Assembly in late November, these regulations were further strengthened by deputies. An amendment proposed by ecologist lawmakers was adopted, which establishes “the principle of the prohibition of unsolicited commercial telemarketing.”
The explanatory note for this amendment references Article 1 of another bill focused on “consented telemarketing,” which had received unanimous approval from the Senate on November 14. This legislation stipulates that telemarketing to consumers who have not previously consented to such contact is prohibited, except in cases where it pertains to existing contracts.
Furthermore, this new approach aims to shift the traditional telemarketing model. Rather than requiring consumers to opt-out of calls—indicating they do not wish to be contacted—the proposal suggests an opt-in system, where consumers must explicitly give their consent to receive calls. This model mirrors the current practice for promotional emails, which require users to check a box for consent during sign-up.
However, the Senate did not endorse the idea of a consent list for telemarketing, which would have replaced the current Bloctel service. The reasoning provided by upper chamber lawmakers highlighted that the proposed methods for gathering consent did not align with the criteria set by the General Data Protection Regulation (GDPR). Thus, professionals will need to secure consumer consent individually to engage in telemarketing, with the exception of ongoing contract-related solicitations.
While this measure appears to garner significant support among political figures, it raises concerns within the professional community. The Federation of Direct Selling (FVD) expressed worries in mid-January regarding the economic implications of this bill, which seeks to “prohibit or severely restrict any human commercial prospecting.” Representing 110 member companies that employ 150,000 individuals—who rely on telemarketing but only sell products during meetings or face-to-face interactions—the organization fears that if this legislation passes, it could lead to the loss of “tens of thousands of jobs,” especially in regions with limited employment opportunities.