Despite successive regulatory measures in France that have (variously) restricted calling hours, created dedicated calling numbers, and introduced an opt-out register (‘Bloctel’), telemarketing has continued to be widespread, particularly on mobile phones.
The energy renovation and home adaptation sector (for ageing or disabled occupants) is subject to even stricter rules. Since July 2025, any commercial solicitation of consumers in this field has been prohibited via text messages, emails, social media, and interpersonal messaging services. Breach of the rules is subject to heavy fines and any contract concluded in breach of this ban is deemed null and void.
Nevertheless, the problems have persisted, with consumer groups in France regularly rallying against the abusive practices of companies.
However, two new measures that come into force this year are potentially game-changing for the industry.
Telephone ‘Spoofing’
The first measure took effect on 1st Jan. Under a decision by the French telecom regulator (Arcep), telephone operators are now required to automatically mask phone numbers that cannot be technically authenticated. The aim is to combat number ‘spoofing’, a technique widely used in telephone scams. This occurs where a scammer impersonates a French number, often posing as a bank or other trusted institution.
Now, where the operator considers the number is not genuine, the number will appear hidden even if the caller has not voluntarily hidden their identity.
In future, therefore, a hidden call will no longer only indicate a deliberately discreet caller, but also a number that is impossible to authenticate.
Prohibition
A far more significant measure will come into force in August, when any commercial phone solicitation will be prohibited unless the consumer has given prior consent.
In practical terms, a company, or a third party acting on its behalf, will no longer be allowed to call an individual who has not clearly expressed in advance their willingness to be contacted.
This consent must meet strict requirements. Simply collecting a phone number will no longer suffice. Consent must result from a clear affirmative action, such as an unticked checkbox or a dedicated online form.
In the event of a dispute, the burden of proof will lie entirely with the professional.
The law also introduces new information requirements. When collecting a consumer’s phone number, businesses must clearly inform them that any commercial phone solicitation requires prior consent, except where the call is made in the context of an ongoing contract.
Likewise, the sale of a product or the provision of a service may not be made conditional upon agreeing to receive telemarketing calls, a practice long criticised by consumer groups.
Limited exceptions apply, notably for the supply of newspapers, periodicals, and magazines and in the context of an ongoing contract, where the call is intended to offer related or complementary products or services, or to improve the quality or performance of the existing service.
Until the law comes into operation it is impossible to judge how effective it will be, although consumer groups have already pointed out that the most fraudulent operators often work from abroad or rely on customer lists purchased from intermediaries who remain largely beyond the reach of current sanctions. As a result, part of the illegal call traffic may persist despite the new legal framework.
Nevertheless, with these laws, there are probably few other countries that can boast a tougher regime against unsolicited calls than France.
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