Entering into force on March 1, 2023, Decree No. 2022-1313 sets new rules for cold calling. With a view to “protecting the privacy of consumers and putting an end to abusive telephone canvassing at any time”, telemarketers can solicit French people only at specific times.
A better framed approach
Finished the process of Saturday, Sunday and on public holidays. Similarly, prospecting services must make calls between 10 a.m. and 1 p.m. or between 2 p.m. and 8 p.m. on weekdays, Monday to Friday.
This same decree also wants to relieve the pressure of these services on the daily life of the French: they will no longer have the right to contact them more than 4 times a month, specify our colleagues from Journal du Geek. Once the customer refuses to be contacted again, the call center will no longer have the right to solicit him within the following 60 days.
The DGCCRF will ensure proper compliance with the rules, even if many operators will try to slip through the cracks. Indeed, a major part of the remuneration of teleconsultants is linked to their performance, they could be tempted to cross the red line. A violation can lead to a heavy penalty (up to 375,000 euros for a legal person), which should discourage more than one.
⚠️ The DPPP 35 imposes a fine of 350,000 euros against SAS COP VERT for telephone canvassing of 1,410,607 consumers in the context of energy renovation work contrary to art. L.223-1 para. 3 of the Consumer Code
? pic.twitter.com/QrWApRBUUS— DGCCRF (@dgccrf) February 15, 2023
How to deal with operators?
Despite the entry into force of this decree, you will not escape cold calling. You must therefore know how to take your troubles patiently and adopt the right methodology to avoid having to multiply contacts with your interlocutors.
Cutting retention short by hanging up on the call center agent is a mistake : he will try to call you back another time – him or a colleague – as long as you have not explicitly mentioned your refusal.
However, it is advisable not to engage in conservation with him, if you have no interest. Answering his questions can make him believe in your interest. From then on, he will try to force the passage to answer all your objections. If necessary, he will call you later to finish his demonstration. Luckily, he is now limited to 4 calls per month – provided he respects this new rule.
The excuse of lack of time is not a solution to dodge the conversation. He will then try to know your availability to call you later. The fact of not showing his disinterest in a product lets him believe that you are potentially interested. Above all, you can now assert your right: if you refuse to let him contact you again, he will no longer be able to contact you for 60 days.
There is no point in getting upset on the phone, the message will get through less well. And if you have the impression of being harassed even though you have indicated your refusal, you can always register on Bloctel. You should know that all telephone canvassing companies are obliged to check that your number does not appear in the Bloctel directory. If this is the case, she will not have the right to solicit you. And even if she does, we advise you to tell your interlocutor: this should quickly cool him off since the associated fine can be very expensive.
If you have effective methods, do not hesitate to share them with the community in the comments!
