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Nuisance Cold Calls in France: Bloctel and Legal Sanctions

Consumer

Who hasn't been interrupted in the middle of a meal or a meeting by a blocked number or an unknown caller, offering yet another energy renovation deal or a miraculous compte personnel de formation (CPF / personal training account)? In France, nuisance cold calling—known as démarchage téléphonique—has become a daily plague for millions of consumers. However, in the face of this modern harassment, French legislation has tightened considerably in recent years to protect citizens and severely punish intrusive commercial practices. Thanks to tools like Bloctel and a reinforced regulatory framework, you now have powerful legal weapons to protect your peace of mind and assert your rights.

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The Legal Framework of Cold Calling in France

Cold calling is not entirely banned in France, but it is strictly regulated by the Code de la consommation (French Consumer Code). The legislation has undergone profound changes, notably with the law of 24 July 2020 aimed at regulating cold calling and combating fraudulent practices, as well as successive implementing decrees.

The Absolute Sectoral Ban: Energy Renovation

This is the golden rule to know: cold calling for the sale of equipment or works aimed at achieving energy savings or producing renewable energy is strictly prohibited (Article L. 223-1 paragraph 3 of the Code de la consommation).

Any company that calls you to offer heat pumps, solar panels, €1 insulation, or energy audits is automatically acting illegally, whether you are registered on Bloctel or not.

Rules on Days, Hours, and Frequency (2023 Decree)

Since 1 March 2023, telemarketers can no longer call you whenever they want. Cold calling consumers is permitted only:

It is therefore strictly forbidden to cold call on Saturdays, Sundays, and public holidays.

Furthermore, the frequency is limited: the same professional cannot contact you (or attempt to contact you) more than 4 times a month over a period of 30 calendar days. If you explicitly refuse the solicitation during the first call, the professional is obliged to refrain from contacting you for a minimum period of 60 days from the date of that refusal.

The Caller's Obligation of Transparency

At the beginning of each call, the professional must obligatorily and clearly:

1. State their identity or the name of the company on whose behalf they are calling;

2. Specify the commercial nature of the call.

Failure to comply with this initial presentation is a direct violation of Article L. 221-16 of the Code de la consommation.

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Bloctel: How It Works, Limits, and Exceptions

Bloctel is the free do-not-call registry for consumers, managed by the company Opposetel under a public service delegation from the Ministry of the Economy.

How Does Bloctel Work?

Registering on Bloctel prohibits any professional from cold calling you, unless you have an ongoing contractual relationship with them. Professionals are required to regularly submit their prospecting files to Bloctel to remove registered numbers, under pain of heavy penalties.

Legal Exceptions to Bloctel

There are specific cases where cold calling remains authorized, even if your number is registered on Bloctel:

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Step-by-Step: How to React and Block Nuisance Calls

If you continue to receive unwanted calls, here is the legal and practical procedure to follow to put an end to them and, if necessary, have the caller penalized.

Step 1: Register for Free on Bloctel

If you have not already done so, go to the official website bloctel.gouv.fr.

1. Create a secure personal account.

2. Register up to 10 phone numbers (landlines or mobiles).

3. Validate your registration via the link received by email.

The registration is valid for 3 years and renews automatically. It becomes effective within a maximum of 30 days after confirmation.

Step 2: Identify the Caller and State Your Refusal

When a telemarketer calls you:

Step 3: Report the Abuse on Official Platforms

If the call violates the rules (calls during prohibited hours, energy renovation sector, or number registered on Bloctel for more than 30 days):

1. On Bloctel: Log into your personal space on bloctel.gouv.fr and fill out the complaint form, indicating the date, time of the call, the caller's number, and, if possible, the name of the company.

2. On SignalConso: Use the platform run by the DGCCRF (the French Directorate-General for Competition, Consumer Affairs and Fraud Control) at signal.conso.gouv.fr to report misleading or abusive commercial practices. This report is what triggers administrative investigations.

3. For unwanted SMS: Forward the abusive text message free of charge to 33700 (the official platform to combat voice and text spam).

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Financial and Criminal Penalties Faced by Companies

French law no longer plays around with offenders. The penalties applicable in the event of non-compliance with cold calling legislation are particularly dissuasive.

Record Administrative Fines

In the event of a breach of the Bloctel registration rules or non-compliance with authorized cold calling days and hours (Article L. 242-16 of the Code de la consommation), professionals face administrative fines of up to:

For prohibited cold calling in the energy renovation sector, the penalties are identical and can be combined for each recorded breach.

Phone Number Spoofing

Some companies use "spoofing" techniques to display a fake number (often a mobile number or a local number close to you) to entice you to pick up. Since the Naegelen Law, using automated calling systems that mask or alter the caller's identity is punishable by an administrative fine of €375,000 for companies.

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Concrete Examples of Case Law and Resolved Disputes

To better understand how these rules apply, here are two practical cases inspired by real situations handled by the courts and the DGCCRF.

Example 1: Harassment for Home Insulation

> The Situation: Pierre, a homeowner in Brittany, has been registered on Bloctel for two years. In October 2023, he receives 8 calls within two weeks from a company called "Éco-Habitat" offering the installation of a heat pump. The calls take place on Saturday afternoons and sometimes after 8:00 PM.

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> The Legal Outcome: Pierre carefully notes down the phone numbers, asks for the company's name during the last call, and files a report on SignalConso and Bloctel. The DGCCRF conducts an investigation into "Éco-Habitat". Finding a double breach (prohibited cold calling in the energy renovation sector and failure to respect Bloctel registry lists), the administration imposes an administrative fine of €150,000 on the company and orders it to cease its prospecting activities.

Example 2: Abusive Cold Calling of a Former Client

> The Situation: Sofia cancelled her car insurance contract with the insurer "AssurTout" in January 2022. In November 2023, she is called by "AssurTout" offering her a new home insurance deal. Sofia, who is registered on Bloctel, protests. The insurer claims she is a "former client" and that they have a right to call her back.

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> The Legal Outcome: The exception for an "ongoing contractual relationship" does not apply to former clients whose contracts have been permanently terminated. AssurTout's call is therefore illegal. Sofia sends a formal notice (mise en demeure) to the insurer by registered mail with acknowledgement of receipt (lettre recommandée avec accusé de réception) to erase her personal data (GDPR) and reports the breach. Faced with the risk of a fine from the CNIL (French data protection authority) and the DGCCRF, the insurer apologizes in writing and permanently deletes her contact details from its commercial databases.

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Mistakes to Avoid to Protect Yourself Effectively

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FAQ: Frequently Asked Questions About Cold Calling

Can I be cold called if I do not have a landline?

Yes, cold calling applies to both landline and mobile phone numbers. You can register your mobile numbers on the Bloctel list in the exact same way as your landlines.

How can I block calls that appear as "Private Number"?

Most modern smartphones (iOS and Android) as well as landline internet boxes have free options in their settings to automatically reject blocked or unidentified calls. Do not hesitate to activate this option in your phone's settings.

Does a telemarketer have the right to contact me if I requested to be called back?

Yes. If you have explicitly requested to be called back (for example, by filling out a contact form on a website), the professional has the right to call you, as you have given your express consent. However, this consent must be free, specific, and informed.

What should I do if a telemarketer threatens me or becomes aggressive?

Telephone harassment and threats are criminal offenses punished by the Code pénal (French Penal Code). If a caller becomes threatening, hang up immediately. You can file a complaint (plainte) at a police station (commissariat de police) or gendarmerie, providing call logs and the identity of the company if you know it.

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Summary

Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.

Content reviewed by the AvocatAI legal editorial team

This article is provided for information only and is not legal advice. Consult a lawyer for advice tailored to your situation.