Calls from Morocco: up to 375,000 euros in fines per call without consent
Starting August 11, French consumers may no longer be called for commercial purposes without having given their consent. A campaign entrusted to a call center in Morocco could expose the responsible company to a fine of up to 375,000 euros for each unlawful call.
France is completely reversing the principle of telephone canvassing. Until now, a private individual could be contacted as long as they had not objected, notably by registering with Bloctel. From now on, their silence will constitute a refusal.
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Before making any call, the professional will have to obtain explicit, free, specific, informed and revocable consent. A pre-checked box, an imprecise authorization or a lack of response will not be sufficient.
The consent must notably enable the consumer to know the company’s identity, the purpose of the call and the period during which they agree to be contacted. Its validity may not exceed one year, and the consumer may reverse their decision at any time.
The proof must be kept for at least three years. The date, time and information presented when consent was obtained must be capable of being provided to the consumer upon request, the DGCCRF specifies.
The company will not be able to hide behind the call center
Using a platform located in Morocco will not make it possible to circumvent the reform. The ban applies to the professional who calls directly, but also to the one who operates through a third party acting on their behalf.
The commissioning company will therefore have to ensure that every number sent to the call center corresponds to a consumer who has genuinely agreed to be contacted. Moroccan call-center operators will no longer be able to use files whose consent is neither verifiable nor documented.
According to the DGCCRF, unlawful canvassing may be punished by fines of up to 75,000 euros per call for an individual and 375,000 euros per call for a legal entity. The fines imposed will also be systematically published.
The penalty will target the company legally responsible for the campaign, and not automatically the Moroccan employee making the call. For French contracting companies, outsourcing prospecting abroad will therefore eliminate neither the obligation to obtain consent nor the financial risk.
Bloctel will cease its activities on August 11, since consumers will no longer have to enter their number on a list to refuse canvassing. The absence of authorization will directly become the rule.
Two main exceptions will remain: calls related to the performance of an ongoing contract and canvassing concerning the sale of newspapers, periodicals or magazines. Certain sectors, notably energy-efficiency renovations, housing adaptations and the personal training account, will remain subject to a stricter ban.
For Moroccan call centers working with the French market, the reform thus imposes a major break: calling a list of prospects to seek their consent will no longer be possible. This consent must have been obtained and retained before the phone even rings.
