French Consumer Code
In forceConsumers who do not wish to be the subject of commercial canvassing by telephone may, free of charge, register on an opposition list against telephone canvassing.
A professional is prohibited, either directly or through a third party acting on his behalf, from canvassing by telephone a consumer registered on this list, except in the case of solicitations made in connection with the performance of a current contract and related to the subject matter of that contract, including when the purpose is to offer the consumer products or services related to or complementary to the subject matter of the current contract or of a nature to improve its performance or quality.
All commercial canvassing of consumers by professionals, by telephone, for the purpose of selling equipment or carrying out work for dwellings with a view to achieving energy savings or the production of renewable energy is prohibited, with the exception of solicitations taking place in the context of the performance of a current contract within the meaning of the second paragraph of this article.
Any professional shall, directly or through a third party acting on his behalf, refer the matter to the body mentioned in article L. 223-4 for the purpose of ensuring that its commercial prospecting files comply with the list of opposition to telephone canvassing:
1° At least once a month if it carries out telephone canvassing on a regular basis;
2° Before any telephone canvassing campaign in other cases.
A decree, issued after consulting the Conseil national de la consommation, shall determine the days and times and the frequency at which unsolicited commercial canvassing by telephone may take place, when it is authorised pursuant to the second paragraph of this article.
The professional referred to in the fourth paragraph shall comply with a code of good practice which determines the ethical rules applicable to telephone canvassing. This code of good practice, which is made public, is drawn up by professionals operating in the telephone canvassing sector. It shall, where necessary, be specified by decree.
Any professional who has benefited from commercial solicitations of consumers made by telephone in breach of the provisions of this article shall be presumed liable for failure to comply with these provisions, unless he demonstrates that he is not the cause of their breach.
Any contract concluded with a consumer as a result of telephone canvassing carried out in breach of the provisions of this article shall be null and void.
The terms and conditions under which registration on an opposition list against telephone canvassing is tacitly renewable shall be determined by decree.
