French Insurance Code
In forceI.-When a distributor within the meaning of III of Article L. 511-1 contacts a policyholder or prospective policyholder by telephone with a view to concluding an insurance contract that does not fall within the scope of the policyholder's or prospective policyholder's commercial or professional activity:
1° At the beginning of the conversation, and immediately after fulfilling the information obligations laid down by regulation, the distributor shall obtain the policyholder's or prospective policyholder's prior agreement to the continuation of the call. In the absence of the subscriber's explicit agreement, the distributor shall immediately terminate the call and refrain from contacting the subscriber again.
After obtaining the prior and explicit agreement of the subscriber or potential subscriber to continue the communication, the distributor shall remain obligated at all times to immediately terminate the call if the subscriber or potential subscriber expresses a lack of interest or a desire not to pursue the commercial proposal. In such a case, the distributor shall refrain from contacting the subscriber or potential subscriber again;
2° It shall ensure that the subscriber or potential subscriber may cancel his current contract at the same time as the proposed contract takes effect if the offer concerns a risk that is already covered;
3° It shall ensure, before the contract is concluded at a distance, that the subscriber or potential subscriber has received the documents and information provided for in article L. 112-2, I, III and IV of Article L. 112-2-1, Articles L. 521-2 to L. 521-4 and L. 522-1 to L. 522-6 of this Code and the first paragraph of Article L. 222-6 of the Consumer Code.
The distributor is required to respect a minimum period of twenty-four hours between receipt by the subscriber or potential subscriber of the documents and information mentioned in 3° of this I and any new contact by telephone set after express agreement by the subscriber or potential subscriber.
II - The subscriber or prospective subscriber may only consent to the contract by signing it. This signature can only be handwritten or electronic. It may not be signed during a telephone call and less than twenty-four hours after receipt of the documents and information mentioned in 3° of I.
In all cases, a distributor may not sign a contract on behalf of the subscriber or potential subscriber.
III - Once the contract has been signed, the distributor must inform the subscriber or member without delay, in writing or by any other durable medium, of their commitment, the dates on which the contract was concluded and came into effect, any right of cancellation and the procedures for exercising this right, in particular the address to which notification of cancellation must be sent and the procedures for examining any claims the subscriber may make regarding the contract.
IV - To enable the Autorité de contrôle prudentiel et de résolution and the Direction générale de la concurrence, de la consommation et de la répression des fraudes to monitor compliance with the obligations set out in this article, distributors must record, retain and ensure the traceability of all telephone calls made prior to the conclusion of the insurance contract, for a period of two years.
V.-This article does not apply where the distributor is bound to the subscriber or potential subscriber by a current contract or where the subscriber or potential subscriber has requested the call or has agreed to be called, by making a clear, free and unequivocal undertaking to do so.
The distributor shall make available to the Autorité de Contrôle Prudentiel et de Résolution and the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes the supporting documents required to verify compliance with the conditions set out in the first paragraph of this V.
VI - Infringements of the provisions of this article are recorded and penalised by the Autorité de contrôle prudentiel et de résolution under the conditions set out in Section 2 of Chapter I of Title I of Book III.
Infringements constituted by distributors' failure to comply with the provisions relating to the marketing process, as mentioned in I to V of this article, may also be investigated and recorded by the agents mentioned in articles L. 511-3 and L. 511-21 of the Consumer Code, under the conditions set out in article L. 511-6 of the same code.
The conditions of application of this article are defined by decree in the Conseil d'Etat.
