France Fines Telemarketers Up To $435,000 Per Call

France has implemented a new law that bans unsolicited telemarketing calls, imposing substantial fines on businesses and individuals to protect consumers from intrusive sales tactics and prevent fraudulent commercial practices. This legislation, which entered into force on Tuesday, moves beyond opt-out systems previously used in several European nations, opting instead for a more stringent mandatory opt-in approach. The French government stated that the law is a direct response to years of consumer complaints, with authorities estimating that approximately 75% of individuals in France receive at least one unsolicited sales call weekly, and many receive multiple calls. In 2024, eleven consumer organizations jointly called for a ban, describing the situation as "relentless harassment of consumers through countless unwanted telemarketing calls to both landlines and mobile phones — an intrusion that has become a regular part of their daily lives."

Under the new regulations, businesses are now prohibited from contacting consumers without their explicit prior consent, which can be revoked by the consumer at any time. This marks a significant shift from the previous system where individuals had to register their numbers on a government-run service to opt out of marketing calls, a method that consumer groups found ineffective as some call centers reportedly disregarded the list. The law was approved by Parliament last year, with President Emmanuel Macron's government backing the measure.

The financial penalties for violating the new law are considerable. Individuals making illegal calls can face fines of up to 75,000 euros (approximately $87,000) per call. For companies, the fines can reach up to 375,000 euros (approximately $435,000) per call. These penalties are designed to deter widespread non-compliance and underscore the seriousness with which France is addressing unsolicited marketing communications. The Directorate-General for Competition, Consumer Affairs and Prevention of Fraud (DGCCRF) is responsible for enforcing these new rules.

While the ban is comprehensive, there are specific exceptions. Consumers can still receive marketing calls if they have explicitly consented to do so, for instance, by checking a consent box on a form or agreeing to receive offers. Additionally, companies are permitted to contact existing customers with new commercial offers if a contractual relationship is already in place. Consumers have a mechanism to report unsolicited calls through a dedicated government website, allowing for oversight and enforcement of the new legislation. Alice Vilcot, chief of staff at the DGCCRF, highlighted that similar provisions have been adopted in other European countries, indicating a broader trend towards stricter consumer protection in telemarketing across the continent. The Irish data protection commission, for example, has also been active in enforcing similar regulations.