abusive telephone canvassing

abusive telephone canvassing

The telephone canvassing is regulated by law and regulation. If you have enough to make you canvass by abusive and repeated telephone calls, here are some rules and tips to read to end-calling.

Right of opposition

The law provides that any person has the right to object, free of charge, that of personal data concerning him is the subject of treatment and are particularly used for commercial prospecting or marketing (Article 38 of the data Protection Act of 6 January 1978 and Article R-10 code Postal and electronic communications).

red list

By registering on opposition lists, anyone can get free of its operator that their personal data are not used in direct marketing operations. One option is to choose to enroll on a list to stop the canvassing, while appearing in the list of directory subscribers.

Bloctel

It is also possible to reduce the number of telephone canvassing you incur by registering online on the site of a body mandated by the ministry bloctel (www.bloctel.gouv.fr). This site is accessible online from 1 June 2016.

Before calling your number, canvassing professionals should ensure that it is not on the list. Touts will risk a fine on appeal. This opposition is possible for both fixed numbers for mobile numbers.

Warning: the inscription on bloctel will not prevent calls from professionals with whom you are bound by a contract (energy provider, mobile operator, etc.). The survey institutes and non-profit associations may also contact you if their call is not considered commercial prospecting.
Note: if you are already on red or amber list list, you can also register on bloctel. The fact of not being in the directory does not prevent direct sellers to contact you, since you can always be on a list to seller resold after giving your number in the context of a commercial transaction, for example.

steps

To register, you must provide your phone numbers so that they are registered in a list "phone anti-solicitation". Registration is completely free. It is valid for 3 years.

After registering, you will receive a receipt stating the date on which registration becomes effective. In all cases, the period shall not exceed one month after registration.

Claim

If you are the subject of a telephone canvassing operation while you are registered bloctel, you can address a complaint online on the site and the day and time of the unwanted call. You must provide all the information you have about the caller.

Pacitel

Previously, you had to register with the Pacitel service. But this site no longer exists since 1 January 2016. Those previously registered on Pacitel must register on Bloctel if they no longer wish to be canvassed.

Hamon Act

Since the Hamon law of 2014 consumption, cold calling is better supported by legislation.

Identity

The professional who performs a telephone marketing now required to provide identification or identity of the person on whose behalf it carries out canvassing. The caller must also, at the beginning of the telephone conversation, the commercial purpose of the call.

Masked number

In addition, calls masked number of operators are now prohibited under penalty of fine (3,000 euros if the trader is a natural person and 15 000 in the case of a corporation).

misleading or aggressive commercial practices

In addition, Article 39 of Law No. 2008-3 of 3 January 2008, establishes the principle of a general prohibition of unfair commercial practices of professionals with regard to consumers and pays particular attention to protecting consumers against misleading or aggressive commercial practices.

Definition

Aggressive commercial practices are characterized by repeated and insistent demands or by use of physical or moral coercion. Such conduct has the effect or purpose of vitiating the consumer's consent, alter its choice significantly or adversely affect the contractual exercise of their rights and are the work of rogue traders.

However, the European Directive 2005/29 / EC has attached a "black" list of prohibited unfair business practices, which include, under the aggressive practices, the fact of Making persistent and unwanted solicitations by telephone or the fact to make personal visits to the consumer's home ignoring its call for professional leave.

written offer

Moreover, if you were to buy a product or service after canvassing, the professional must give you written confirmation of the offer made. You are hired by the signing of this offer in writing or when you have given your consent electronically.
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