Top 10 things call center agents are not allowed to do

Let me guess: you too, like 99% of French people (no source for this percentage which is, without a doubt, greatly exaggerated), you receive telephone canvassing calls every day, for services which you have absolutely no no need (when it’s not about scams)? Listen… We don’t really have a solution for you to stop this. On the other hand, we can tell you what these professionals have absolutely no right to do. It is always useful to know this in the event of abusive canvassing!

1. It is strictly forbidden to canvass for energy renovation

It is one of the key measures of the law n° 2020-901 of July 24, 2020, aimed at regulating cold calling and combating fraudulent calls. Since then, all energy renovation operations by telephone are strictly prohibited, including calls for “energy audits”. In short, telephone advisers have absolutely no right to lobby for improvements in the energy performance of housing (sales of windows, solar panels, etc.)!

Canvassing remains authorized for energy supplies (gas and electricity, for example).

2. … Or for €1 insulation

It is part of the category of “energy performance”, but it is also and above all probably a big scam. Since July 1, 2021, this famous €1 (or free) insulation no longer exists at all.

3. Contact you if your number is registered on “Bloctel”

Professionals, before calling you, must check that your number is not on the official opposition list of « Bloctel ». If your number is registered there, he is not allowed to contact you.

Conversely, if you have not registered, the telephone advisor is obliged, from the start of your exchange, to remind you of the existence of this anti-soliciting service.

Telephone

4. Do not disclose your identity or that of your company

As soon as contact is made, the telephone adviser must identify himself and mention the company for which he works, in a “clear, precise and intelligible” manner. Prohibition, therefore, to be satisfied with a simple acronym to present the company or the service. Don’t be fooled, therefore, if a marketer begins the discussion with a catchphrase (on your consumption habits, for example).

5. Contacting you outside the time slots defined by law

From Monday to Friday, the telephone advisers have the right to contact you from 9 a.m. to 7 p.m., then from 10 a.m. to 6 p.m. on Saturday. Calls late at night or on Sundays are prohibited.

6. Not asking for the consumer’s agreement before proceeding with the call

According to the article L.112-2-2 of the insurance codethe prospector must collect “the prior agreement of the subscriber or the potential member to the continuation of the communication. ». In summary, he must ask you explicitly if you accept his appeal, and you are completely entitled to refuse it.

7. … And force the discussion if he refuses the canvassing

It seems logical, but it costs nothing to remember. If you refuse the call, the call center agent has no other right than to hang up. If he insists, try to make the conversation last over time, try a new approach: he is out of the law.

8. If a contract is concluded, the teleconsultant cannot have you sign immediately

Indeed, even if your contract is concluded orally during the call, the signature can only take place at least 24 hours after receipt of the pre-contractual and contractual documents. From now on, the professional must also obtain a written agreement from his new client to send him said documents. This mandatory reflection time has been put in place to protect vulnerable people.

9. Record your conversation without warning you

Contrary to what one might think: the recording of your conversation by a professional is not prohibited. On the other hand, it is largely framed. Its purpose is to prove that a contract entered into verbally has indeed been concluded. Nevertheless, the professional must warn you of this recording, and only trigger it when concluding the contract. Some information, such as your bank details, cannot be recorded or stored. For any other procedure, registration is not necessary.

10. And preserve it for eternal life

If your conversation is recorded within the limits defined by law, be aware that it cannot be kept for too long. The common law period is 5 years, but it may be shorter depending on the nature of the contract. Similarly, only a few authorized persons can have access to it: consumer service, customer service or even the service responsible for settling disputes. The traceability of these accesses must be kept.

Failure to comply with these laws and obligations may be punished with a fine for a 5th class contravention, namely: €1,500, maximum. It may not seem like much, but note that this amount will apply to each violation noted. Since we are talking about scams and tricks, note that real estate agents also have prohibitions! Don’t be fooled anymore!

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