Updated on September 3, 2026. Sources: Légifrance, DGCCRF, CNIL.
As of August 11, 2026, the law prohibiting unsolicited telemarketing calls has been in effect. It targets one specific situation: calls made by a company to a consumer who has not requested them. It does not address calls made by a consumer to a company.
Let’s clarify who this page is for. If you’re looking for a service provider’s number to resolve a personal issue, you’re in the wrong place. This page is written for companies that need to organize their own telephone customer service operations: those whose outbound operations to individual customers were shut down on August 11 and who will now have to learn to operate based on incoming calls. This is primarily an organizational issue.
Why is the incoming call not subject to the ban?
The new Article L223-1 of the Consumer Code, as amended by Law No. 2025-594 of June 30, 2025, regulates solicitation: the act of contacting a consumer to sell them something. The origin of the call is decisive. When the customer dials your number, it is not solicitation but a request.
The restrictions that apply to your outbound calls (prior consent, a limit of four calls per consumer over a 30-day period, and call times Monday through Friday from 10 a.m. to 1 p.m. and from 2 p.m. to 8 p.m.) therefore do not apply to a call you receive. You can answer calls on Saturdays and handle up to ten calls from the same customer in a single day.
The discontinuation of Bloctel on August 11 is part of the same trend: the approach has shifted from opt-out to opt-in, and opt-in applies only to messages sent from your device.
A mistake to avoid: An incoming call does not constitute consent
That’s the catch—and it’s a serious one. A customer who calls you to report a delayed package hasn’t given you permission to call them back the following week with a sales offer.
Article R223-1 of the Consumer Code, derived from Decree No. 2026-662 of July 23, 2026, clearly defines what constitutes valid consent. The request must be clear and understandable and must specify the identity of the business that will be calling, the nature of the goods or services involved, the option to consent or decline, the consent period (no more than one year, without tacit renewal), the right of withdrawal and its terms, as well as the consumer’s access to proof of their consent. An incoming call does not contain any of these elements, even if it lasted twenty minutes and went very well.
Two factors increase the risk. The burden of proof regarding consent rests with the professional : It is up to you to prove that the contact person agreed, and this proof must be kept for at least three years and made available to the consumer upon request. The twelve requirements are detailed in our Consent Verification Checklist. And the penalties are not merely symbolic: Article L242-16 provides for an administrative fine of up to €75,000 for an individual and €375,000 for a legal entity per violation; these penalties are cumulative in the event of concurrent violations, and the decision must be published at the expense of the penalized party.
The practical implication: If you want to be able to call a caller back later for sales purposes, ask them for permission during the call—in the proper manner—and document their response. This distinction is important, as the DGCCRF reiterated on August 5, 2026, that a business may not call a consumer for the purpose of obtaining their consent. The process of following up with consenting leads is exactly that.
Special case: If the person is already a customer, the “ongoing contract” exception permits solicitation related to the subject matter of the contract, including for additional services. The scope of this “relevance to the subject matter” is assessed on a case-by-case basis; if in doubt, refer to the DGCCRF’s practical guides.
The calculation that leads to a rebalancing toward incoming funds
A compliant outbound call to a private individual requires prior consent that has been obtained in the proper manner, dated, retained, revocable at any time (including verbally), and valid for a maximum of one year. It is therefore necessary to collect, archive, and purge this consent, and to be able to retrieve it.
Next is the volume limit. The cap is four calls per customer over a 30-day period, including attempted calls, even if no message is left. A number that doesn’t answer uses up your quota just as quickly as a conversation: with a list of numbers that rarely pick up, the limit is reached without any actual conversation taking place. Add in the reduction in available time slots, and meaningful contact becomes a scarce resource.
On the other hand, the incoming call: the person is available and has an identified need. No quotas, no time slots, no proof required. The cost of accessing this contact lies upstream: in what led the person to dial your number and in your ability to answer. That’s where the effort lies.
Capturing the caller’s intent: what needs to be put in place
A telephone customer service operation that takes on part of the sales workload can’t be set up on the fly. The key elements are:
- The number. Displayed on every page where a customer might be considering a purchase (product details, pricing, shopping cart, contact), not just in the footer. A toll-free number eliminates unnecessary friction. Having separate numbers for each entry point helps identify what’s driving the calls.
- Call routing. An incoming call must be directed to someone capable of handling the actual reason for the call. That is the role of a properly configured interactive voice response system: two or three clear options—not seven—and the option to speak with a human representative at every step.
- Schedules. Post them and stick to them. If your missed calls are concentrated between noon and 2 p.m., review the schedule before the volume picks up. The way a switchboard routes calls to extensions determines how many calls your teams can handle.
- Missed calls. A missed call that isn’t followed up on is a lost lead—and sometimes a lost sale. Treat them as a workflow, with an assigned person and a deadline. Calling back immediately after a missed call remains the most profitable step in the process.
Turn a support call into an opportunity, without being pushy
Turning every call for support into a sales pitch is the best way to undermine customer satisfaction and drive away future callers.
The rule that works: first, identify the problem; then, make a suggestion—but only if the suggestion addresses the problem described. A customer who calls because their plan is maxed out is a legitimate candidate for an upgraded plan. The same customer, calling about a billing error, is not.
Three projects are about to begin. Provide agents with a view of the contact history before they answer the call. Explicitly authorize them to qualify leads: asking the right questions is part of the job. Provide a way to transfer the call to a sales representative when the issue goes beyond the scope of support, rather than an impromptu callback three days later.
If the discussion leads to an agreement to be contacted again outside the scope of the current contract, that is the time to obtain consent in the proper manner—and no later.
👉 A properly configured interactive voice response system routes every call to the right team based on the first option selected.
Key Metrics to Monitor
| Indicator | What it reveals |
|---|---|
| Answer Rate | The percentage of calls answered. Below a certain threshold, all other metrics are skewed. |
| Missed Calls and Callback Rates | Missed calls, and the percentage you manage to get back. |
| Time to Answer | The wait time before the call is answered is the number one reason for call abandonment. |
| First-Call Resolution | Issues resolved without a callback or transfer: the quality of your routing. |
| Reasons for the appeal | The breakdown between support, purchases, and complaints, and thus the actual commercial intent. |
Track them by time slot rather than as a monthly average: a seemingly accurate average often hides two hours a day when no one answers the phone.
Frequently Asked Questions
Can an incoming call be reclassified as telemarketing?
The call itself does not: the solicitation governed by Article L223-1 is initiated by the business and directed at the consumer. However, if you then call that contact back to sell them something else, that follow-up call does indeed constitute cold calling.
Does a customer who calls us give us permission to call them back for sales purposes?
No. An incoming call does not constitute consent within the meaning of Article R223-1 of the Consumer Code. An explicit request is required, made during the conversation, stating your identity, the nature of the services in question, a term not exceeding one year, the right of withdrawal, and access to proof of consent.
Can we call back someone who tried to reach us but didn’t leave a message?
Calling back to respond to an incoming inquiry and calling back to make a sale are two different approaches. Whether a call is considered solicitation depends on the actual content of the call and your relationship with the person; in borderline cases, refer to the official documents and the rules published by the CNIL.
Do the regulatory time frames apply to our incoming calls?
No. The time slots from Monday through Friday—10 a.m. to 1 p.m. and 2 p.m. to 8 p.m.—apply to telemarketing calls made to consumers. Your business hours remain an organizational decision.
What about businesses?
Telemarketing between businesses remains permissible, under certain conditions, based on legitimate interest: the purpose of the solicitation must be related to the profession of the person being contacted, with information provided at the time of data collection and a simple, free right to opt out.
This content is for informational purposes only and does not constitute legal advice. For specific situations, please refer to the texts published on Légifrance and the publications of the DGCCRF.
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