French National Assembly Unanimously Votes To Ban Telemarketing Without Prior Consumer Consent

In a landmark move, the French National Assembly has voted unanimously to ban all forms of telemarketing without prior consumer consent. This decision, spearheaded by Member of Parliament Delphine Batho, aims to tackle the widespread fraud in public aid schemes across the country. “People can't take it anymore, and it's through these approaches that we find fraud, scams, and so it's important that it be banned,” Ms. Batho told French News Agency, Agence France Presse.  

The bill, initially introduced in mid-October 2024, sought to prohibit telemarketing related to renovation work for housing adaptations in case of disability and old age. This move complements existing laws that already restrict excessive telemarketing linked to energy renovations. Batho’s amendment, however, goes further by establishing “the principle of prohibiting non-consensual commercial telephone marketing.” 

If definitively adopted, the amendment will mandate that marketers obtain explicit authorization from consumers to engage in commercial phone calls. This process is likely to be conducted through an online form or email. Notably, the ban will not apply to ongoing contracts between companies and their customers, where calls are directly related to the contract’s purpose. 

The potential passage of this legislation could revolutionize the telemarketing industry in France. Instead of defaulting to contact, marketers will need to ensure consumers have opted in to receive calls. This shift to opt-in advertising contrasts with the current opt-out model, where consumers must actively refuse marketing by contacting each company or registering on the Bloctel list, which has proven ineffective with only 10% of telephone lines registered. 

The bill now moves to the Senate for further examination as part of the parliamentary shuttle process. Since the present government has also shown its support, the bill has a better chance of being included on the Senate agenda, which could speed up the final adoption of this measure.

Meanwhile, since 2023, telemarketing in France has been restricted on weekends and public holidays, with a limit of four calls over thirty days. Additionally, certain time slots throughout the day are off-limits for marketing calls, and penalties are enforced for non-compliance.