The Hamon law has extended the possibility for consumers to oppose cold calling for all professionals and no longer only for voluntary professionals associated with the Pacitel system. Failing this, the professional is liable to a sentence to pay a fine of 15,000 euros for a natural person and 75,000 euros for a legal person. Decree no. 2015-556 of 19 May 2015 relating to the opposition list to canvassing, issued for the application of these Hamon provisions, specifies the operating methods of this opposition list.
The decree notably fixes the methods of registration on the opposition list, its content and the duration of registration.
The text establishes the conditions of access to the list for professionals.
Professionals who usually carry out telephone canvassing are also required to update prospecting files and remove the contact details of consumers registered on the opposition list. The decree determines the role and powers of the body responsible for managing the list of opposition to canvassing and also specifies the methods of control by the State, through the intermediary of a government commissioner.
This decree will enter into force on the first day of the fourth month following that of the designation of the organization in charge of the opposition list.
