Cold calling : what the Law of August 11, 2026
will change for call centers
Table of contents
August 11, 2026, will mark a historic turning point in the customer relations sector in France. On this date, the law against all public aid fraud, enacted on June 30, 2025, will come fully into force, imposing strict restrictions on telemarketing practices. For call centers and B2C companies, understanding the implications of this regulation on outbound calls for commercial prospecting becomes a major strategic priority.
The end of an era: the ban on unsolicited telemarketing
A point of no return for Telemarketing
Starting August 11, 2026, any outbound call for commercial prospecting to personal phone numbers will be strictly prohibited, unless the recipients have previously consented to be contacted. This legislative measure completely overturns the logic that prevailed under the Bloctel system, shifting from an opt-out mechanism to a strict opt-in system.
In practical terms, this means that call centers and B2C companies will no longer be able to contact individuals for marketing purposes without first obtaining their explicit consent. The method used to collect this consent remains at their discretion.
Why such a decision?
According to a survey conducted by “UFC-Que Choisir” in October 2024, nearly 97% of French people are annoyed by commercial telemarketing. Beyond this daily nuisance, the increase in phone scams, particularly in the energy renovation and CPF training sector, made a tightening of the legislation essential.
Previous measures aimed at regulating these practices have not been sufficient to effectively protect consumers from abusive solicitations and fraud. This new law therefore aims to put a definitive end to outbound calls made without prior consent.
Requirements for prior explicit consent
The five criteria for valid consent
The law requires companies to obtain consumers’ consent that is free, specific, informed, unambiguous, and revocable. Each of these terms has a precise legal meaning that organizations must fully understand:
Free: Consent must be given without any constraint, pressure, or conditions. An individual cannot be required to agree to be contacted in order to access a service or obtain a quote.
Specific: Consent must relate specifically to telemarketing. A general authorization to be contacted is not sufficient if it does not explicitly mention commercial phone calls.
Informed: The consumer must know exactly what they are consenting to. The company must clearly provide essential information about the intended use of their consent, for example, when it plans to make outbound calls for commercial purposes.
Unambiguous: Consent must result from a clear affirmative action by the consumer. Pre-checked boxes are strictly prohibited. The individual must take a deliberate action, such as ticking an empty box or clicking a confirmation button.
Revocable: The consumer must be able to withdraw their consent at any time, as easily as it was given. Companies will need to implement simple procedures to handle these revocation requests.
In addition to these five criteria, proof of consent must be timestamped and contextualized, using the following information:
- The date the consent was collected
- The channel used to obtain the consent
- The exact text accepted by the consumer
- The identity of the calling company
How to obtain consent in compliance with the Law
Companies have several methods to obtain the consent required for outbound calls. Here are the most common ones:
Online form: During a quote request, newsletter sign-up, or any digital interaction, a non-pre-checked box explicitly stating acceptance to be contacted by phone for commercial purposes.
Recorded phone conversation: During a call to customer service, the agent obtains the customer’s verbal agreement for future outbound commercial calls. This agreement must be recorded and stored. Consent via this channel is only valid if the call itself has already been consented to by the consumer.
Omnichannel journeys: Consent can be collected at various points of the customer journey, during interactions via a chatbot or live chat, at the time of electronically signing a document, or through synchronization of information with the CRM or telephony system.
It is crucial to note that this consent must be documented, as it is now the company’s responsibility to prove that it had authorization to make calls in the event of a dispute or inspection.
Some exceptions: when outbound calls are still allowed
Existing contractual relationship
The law provides a major exception to the ban on outbound calls: companies may continue to contact all customers by phone within the framework of an existing contract, provided that the call concerns a service or product directly related to that contract.
This exception specifically allows:
Customer follow-up: Calling a customer to inform them about the status of their order, a delivery, or a scheduled technical service.
Up-selling and cross-selling: Offering complementary products or upgrades, but only if the offer is strictly related to the subject of the contract and the proof of this connection is indisputable. For example, a telecom operator may call a mobile customer to offer a fixed internet subscription.
Customer loyalty: Contacting customers to inform them about special offers or loyalty programs, as long as this remains related to the established contractual relationship.
However, this exception must be interpreted strictly. An outbound call proposing a product completely unrelated to the current contract will require the customer’s explicit consent, even if they are already a client of the company.
Some additional sector-specific exceptions
Certain activities remain allowed without prior consent:
Surveys and polls: Research institutes may continue their survey activities, provided they are not a pretext for disguised commercial prospecting.
Debt collection: Calls related to debt recovery remain permitted.
Public services: Public organizations may contact individuals within the scope of their official duties.
Press sales: Prospecting for newspapers, periodicals, and magazines is granted an exemption.
Outbound B2B calls: more flexible rules
Unlike telemarketing to individuals, phone prospecting targeting professionals remains allowed and does not require prior consent. However, it is not without constraints and must comply with several essential legal principles.
First, the call must be based on the company’s legitimate interest. Practically, this means that prospecting must have a direct and reasonable connection to the professional activity of the person being contacted. Calling a manager, purchasing officer, or relevant department to offer a proposal relevant to their work is permitted. In contrast, contacting a professional with an offer clearly unrelated to their role or sector may be considered abusive.
Next, the prospect’s right to object must be fully respected. Anyone contacted for professional purposes must be able to:
- immediately refuse the call,
- request not to be contacted again,
- and have this request promptly honored by the company.
This right to object must be clearly stated during the call and properly implemented in the prospecting databases.
Finally, clear identification of the caller is mandatory. The company must unambiguously state its identity, the commercial purpose of the call, and, if applicable, the account on whose behalf it is acting. Practices that conceal the caller’s true identity or create confusion about the purpose of the call are prohibited.
Thus, while the B2B framework remains more flexible than that applicable to B2C, it is still governed by specific obligations, notably under the GDPR. Companies can continue their B2B telemarketing campaigns, provided they comply with these rules.
This distinction between B2C and B2B prospecting requires call centers and companies to implement rigorous file qualification processes, to ensure that no individual’s number is contacted without prior consent and that every B2B call is based on a valid legal foundation.
What are the penalties for unconsented outbound calls?
Deterrent fines
Penalties can reach up to €75,000 for individuals and €375,000 for legal entities in cases of illegal telemarketing. These substantial amounts are intended to deter companies (and their clients) from circumventing the law and to effectively protect consumers. The reputational impact should not be underestimated either: the extensive media coverage that often accompanies CNIL decisions against sanctioned companies can have a lasting effect on their brand image and erode the trust of clients and partners.
The reversal of the burden of proof
One of the most demanding aspects of this new regulation concerns the burden of proof. In the event of a consumer complaint claiming they were contacted without consent, it is the company’s responsibility to prove that it had the necessary authorization to make the outbound call.
This reversal requires companies to implement robust traceability and archiving systems, capable of quickly retrieving proof of consent for each dialed number.
Enhanced oversight by authorities
The Directorate General for Competition, Consumer Affairs, and Fraud Control (DGCCRF), the National Commission on Informatics and Liberty (CNIL), and the Regulatory Authority for Electronic Communications, Posts, and Press Distribution (ARCEP) will be able to share documents obtained within the scope of their missions.
This coordination between authorities significantly strengthens oversight capabilities and increases the risk of detection in the case of prohibited outbound calls. Companies can expect more frequent and thorough inspections of their telemarketing practices.
Towards new prospecting strategies
In the face of this ban on unconsented outbound calls, companies have no choice but to completely rethink their acquisition strategies. Several options are available to them:
Inbound marketing: Rather than calling prospects, create attractive content and offers that encourage prospects to contact the company on their own initiative.
Active consent collection: Implement digital campaigns specifically designed to obtain consent to be contacted, in exchange for useful information, discounts, or exclusive benefits.
Optimization of digital channels: Develop strategies for email marketing, SMS marketing (also subject to consent), targeted social media advertising, and online chat.
Highly precise qualification: Focus on highly qualified prospects rather than large volumes, leveraging behavioral data and purchase intent signals.
Customer service development: Turn customer service calls into commercial opportunities by training agents in upselling and cross-selling, while respecting the existing contractual relationship.
How to properly prepare for the August 11, 2026 deadline
With the imminent enforcement of this regulation on prohibited outbound calls, organizations must act quickly to ensure compliance:
- Comprehensive audit of customer lists and databases: Identify all individual (consumer) phone numbers within the databases and verify, for each one, the existence of a valid consent to be contacted by phone.
- Implementation of consent management systems: Deploy tools that enable tracking of the origin, date, and nature of the consent for each contact, as well as any potential withdrawal.
- Team training: Raise awareness among all agents about the new regulations and best practices to verify consent before each outbound call and/or to obtain it during an “authorized” call.
- Review of contracts and processes: Update all forms, agreements, and customer journeys to incorporate consent clauses that comply with the new legal requirements.
Opportunities for proactive companies
While this regulation represents a significant constraint, it also creates opportunities for companies that are able to adapt quickly:
- Competitive differentiation: Companies that build extensive databases of valid consents will gain a significant competitive advantage.
- Improved contact quality: By reaching out only to individuals who have explicitly agreed to receive outbound calls, conversion rates and the overall quality of interactions should naturally improve.
- Strengthened customer trust: Strict compliance with consent requirements enhances brand image and fosters a more positive perception of the company among consumers.
- Market consolidation: Smaller, less structured players may struggle to comply and risk exiting the market, leaving greater market share to professional and well-organized contact centers.
From Bloctel opt-out to the emergence of a new regulatory framework
The end of the opt-out system
The coming into effect on August 11, 2026, marks the end of the Bloctel concession, the telephone marketing opt-out service that allowed consumers to register on a list to avoid being solicited. Considered insufficiently effective, this opt-out system is gradually being phased out in favor of the requirement for explicit prior consent (opt-in).
Companies will therefore no longer need to check the Bloctel list before making outbound sales calls, but they will be required to ensure they have obtained positive consent for each number dialed.
A stricter regulatory framework
The new legislation builds on existing regulations, notably the GDPR (General Data Protection Regulation), by significantly strengthening consent requirements for commercial communications.
This change aligns with the rules already applicable to commercial emails and SMS, creating consistency across different marketing channels. Outbound phone calls are now subject to the same strict requirements as other forms of digital marketing.
About the author
As Head of Marketing & Communications at Nixxis France, Andrew Verbrugghe combines strategic vision with an insatiable curiosity for digital innovations. Passionate about the evolution of marketing practices, he is particularly interested in the impact of artificial intelligence on customer experience and corporate communications. Through his articles, he analyzes emerging trends and shares expertise honed at the heart of current digital transformations.
About the author
As Head of Marketing & Communications at Nixxis France, Andrew Verbrugghe combines strategic vision with an insatiable curiosity for digital innovations. Passionate about the evolution of marketing practices, he is particularly interested in the impact of artificial intelligence on customer experience and corporate communications. Through his articles, he analyzes emerging trends and shares expertise honed at the heart of current digital transformations.
