Adoption of the bill on consent-based telephone canvassing: what protections for consumers?

Telephone canvassing is a major concern for many consumers, who are often confronted with intrusive and sometimes misleading practices.

In this context, the recent adoption by the National Assembly of the bill on consent-based telephone canvassing marks a significant turning point in consumer protection in France. With the aim of strengthening the existing regulations, this initiative seeks to establish clear rules around prior consent to canvassing, a key element in guarding against abuse and fraud, particularly in sensitive sectors.

While earlier measures such as the Hamon Act and the Naegelen Act laid the first foundations for regulating these practices, it is crucial to explore how this new legislation proposes to improve the current situation. In this article, we will examine in detail the main measures of this bill, the differences from earlier texts, and the potential consequences for professionals and consumers.

If you wish to engage a consumer law lawyer, contact me!

What are the main measures of the bill to protect consumers?

The bill recently adopted by the National Assembly introduces significant measures to strengthen consumer protection against telephone canvassing. By focusing on prior consent, it aims to establish a more rigorous legal framework in this area, thereby remedying the ineffectiveness of previous systems.

As of 1 January 2026, the opt-in principle will be introduced, making any form of telephone canvassing illegal without the explicit consent of consumers. This far-reaching measure requires professionals to ensure that they have clear authorisation before prospecting, which can considerably reduce the number of unsolicited and intrusive calls.

In addition, the bill extends the ban on telephone canvassing to new sectors, in particular those relating to the sale of equipment or the carrying out of works to adapt housing to ageing and disability. This decision aims to protect the most vulnerable consumers, who are likely to be targeted by abusive practices.

At the same time, to address the new threats of phishing or smishing, the law proposes the use of anti-spam filters for messages sent by SMS. This measure aims to ensure secure electronic communication for consumers, thereby minimising the risk of scams. These aspects fall within digital law and require particular attention.

To ensure the effective application of these new rules, the bill also includes a facilitation of information sharing between the supervisory and enforcement authorities. The three bodies involved, namely the fraud control authority, the CNIL and ARCEP, will have to work closely together to ensure the application of these new provisions. This approach ensures rigorous monitoring of the enforcement of the laws.

In short, these new provisions are part of a set of measures aimed at protecting consumers from abuses linked to telephone canvassing. In this context of legislative change, it is essential to analyse how this proposal differs from earlier laws while safeguarding consumers' rights.

Let's discuss your needs for 15 minutes!

How does the new legislation differ from earlier laws on telephone canvassing?

The new bill on consent-based telephone canvassing introduces innovative concepts, broadening the framework of consumer protection compared to previous measures such as the Hamon Act and the Naegelen Act. Indeed, these laws had already initiated a certain degree of regulation by prohibiting unsolicited canvassing under certain conditions, but without managing to establish prior consent as strict as that proposed today.

The main difference lies in the application of the opt-in principle, which goes beyond previous approaches. Previously, opt-out systems allowed consumers to unsubscribe from canvassing lists, but the new framework requires explicit acceptance before any canvassing action. This radical change aims to hold professionals accountable and put an end to abuses, in line with the proposal for a strengthened Bloctel system so that consumers no longer have to declare their wish not to be contacted.

Moreover, the new legislation extends protections to a broader range of sectors, in particular those relating to health or assistance, which were not adequately covered by previous laws. This development aims to prevent fraudulent practices that particularly target people in vulnerable situations. In this respect, the competent authorities, such as the CNIL and ARCEP, will have an increased role in monitoring canvassing practices.

Finally, it is important to note that the bill also strengthens financial penalties in the event of non-compliance with the new rules. Offenders will face significant fines, an aspect lacking in previous measures. Thus, a more rigorous alignment of control measures with companies' obligations is essential to ensure the effective implementation of the legislative framework.

These significant changes in the definition of consumers' rights against telephone canvassing pave the way for reflection on the implications of this new law for professionals and consumers. Indeed, it will be crucial to assess how this legislation will influence commercial practices and consumer behaviour in the future.

I want reliable legal documents!

What are the implications of this law for professionals and consumers?

The new bill on consent-based telephone canvassing gives rise to significant implications for both professionals and consumers. By establishing a framework of prior consent, it is essential to understand how this regulation redefines commercial interactions and the associated legal landscape.

For professionals, the implementation of the opt-in principle requires a reorganisation of their marketing strategies. Companies must now ensure that they have obtained the explicit consent of consumers before carrying out any telephone canvassing. This represents a major change from the opt-out system previously in force, as companies will have to invest more in responsible and transparent marketing practices. This requires not only an adjustment of prospecting methods, but also a reassessment of customer databases to ensure that they comply with the new rules.

Failure to comply with these new obligations may result in severe financial penalties. This includes substantial fines for offenders, thereby reinforcing the importance of strict compliance. Such deterrent mechanisms are essential to ensure effective recourse against potential abuses relating to telephone canvassing, particularly in vulnerable sectors where the tendency towards fraud is heightened.

For consumers, this legislation will provide better protection against abusive commercial practices. By strengthening their right to privacy through the opt-in, consumers will be able to choose more actively whether or not they wish to receive commercial calls. This contributes to a more respectful customer experience, which could increase trust in companies.

In addition, increased awareness of the Bloctel system and of measures against phishing will improve the security of communications. Consumers will consequently benefit from enhanced protection against attempts at fraud and telephone harassment.

However, it is important to remain vigilant: consumers will need to be informed of their rights and of the means of action available to assert these rights. This will require a joint effort by the regulatory authorities such as the CNIL, the fraud control authority and ARCEP to ensure that consumers are fully aware of the protections offered to them.

In conclusion, the implications of this law for professionals and consumers reveal an evolving dynamic in the regulation of telephone canvassing. The impact of these changes will be felt in the way companies interact with their customers, while redefining consumer expectations regarding commercial practices. With this in mind, it will be interesting to follow the evolution of the behaviour of both parties in this new legislative context.