NEW Calling consumers in France after 11 August 2026: consent, calling hours and caller numbers

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Disclaimer: The information in this article is provided for general information and guidance only and does not constitute individual legal advice or a legal opinion. Before making decisions, please consider your specific circumstances and consult an appropriate specialist.

In short​

Since 11 August 2026, a new regime applies in France: a company may call a consumer with a commercial offer only if that person has given consent in advance. It used to be the other way round: you could call anyone except people registered on the Bloctel opt-out list. Now the calling company must be able to show when, how and to what exactly the person consented.

For companies that call potential consumers in France to offer goods or services, this means three things: collect consent correctly, keep the proof, and call within the permitted hours and from the right number. Below, step by step.

1. What changed​

• Law No. 2025-594 of 30 June 2025, Article 13, amended Article L223-1 of the French Consumer Code. The new regime applies from 11 August 2026; the Bloctel opt-out list is no longer the basis of the rules.
• The rule applies to all sectors.
• There are two exceptions: a call made under an existing contract and related to its subject matter; subscriptions to newspapers and magazines.
• In some sectors, calling consumers is prohibited even with consent: energy renovation of housing, adapting housing for older people and people with reduced mobility, and training under the CPF scheme.
• The law concerns calls to consumers, including potential consumers. This article does not cover calls to businesses.

If a contractor makes the calls. A company that hands its calls to a contractor (including one located abroad) who calls on its behalf remains responsible itself: it must ensure that the contractor follows these rules. If calls are made outside the permitted days or hours, or more often than allowed, the company on whose behalf the calls were made is liable.

2. What counts as consent​

The French consumer protection authority (DGCCRF) defines consent as a free, specific, informed, unambiguous and revocable expression of will by which a person, through a clear affirmative act, agrees that their data may be used for commercial calls. All of these conditions must be met at once.

Decree No. 2026-662 of 23 July 2026 (Article R223-1) lists what the person must be shown when giving consent:

1. Who will call — the company, and also the intermediary if the intermediary collects the consent — and what will be offered.
2. A clear offer to accept or refuse promotional calls — from a specific company, named by its name, and for this offer.
3. The period of consent — no longer than one year. There is no automatic renewal.
4. That consent can be withdrawn at any time.
5. That the person can obtain proof of their consent.

3. What does not count as consent​

Under Article R223-1 II, there is no consent if:

• the person was not shown all five points above, or they are missing from the proof;
• the call is made outside the consent period or outside the permitted hours;
• there was no affirmative act: a pre-ticked box, or the fact that the person "continued using the website", is not consent.

In our reading, it follows that consent given to another company, or a purchased list of numbers without a consent record for each number, does not give the right to call.

4. Proof of consent​

• The calling company keeps, in digital form, everything that was shown to the person, as well as the date and time of consent (Article R223-2).
• The retention period is three years from the moment consent is obtained (Article R223-2; the French Ministry of the Economy's guidance of 21.08.2026 says "at least three years").
• On the person's request, the proof is provided to them free of charge, on a medium they can keep.
• It is the calling company that must prove consent, not the person (DGCCRF guidance).
• Consent can be withdrawn at any time, and withdrawing must not be harder than giving it; an oral refusal also counts (Article R223-3).

A practical minimum record for each number (our recommendation, not the text of the law): the number; the company the consent was given to, and the intermediary if there was one; which goods or services are offered; date and time with time zone; how consent was given (website form, SMS, orally) and what text the person saw; the period; a withdrawal mark.

5. When and how often to call​

• Monday to Friday, 10:00–13:00 and 14:00–20:00 in the consumer's time; not on public holidays. The exception is when the person has expressly agreed to a call on a specific date and time.
• No more than 4 calls to the same person within 30 days. It is safer to count all attempts, not only answered calls (our recommendation).
• If the person objects to continuing during the conversation, end the call immediately and do not contact them again.
• Do not call from a hidden number.

The source for the hours and frequency is Decree No. 2022-1313; these rules have not changed.

6. Which number to call from​

If calls are made by an automated system (auto-dialling, predictive dialling — even when a live agent joins after the answer), calls and SMS may only be made from numbers in dedicated ranges — in metropolitan France: 0162, 0163, 0270, 0271, 0377, 0378, 0424, 0425, 0568, 0569, 0948, 0949 (French telecoms regulator ARCEP, decision No. 2022-1583: https://www.arcep.fr/uploads/tx_gsavis/22-1583.pdf; the rule applies since 1 January 2023). Overseas territories have their own dedicated ranges (ARCEP decision No. 2025-2215). Ordinary geographic numbers 01–05, mobile numbers 06 and 07 and other 09 numbers may not be used for automated dialling.

So switching to mobile numbers does not solve the problem.

If a person dials the numbers manually, one by one, this numbering rule does not apply. But the consent and calling-hours rules are the same.

7. Leads from intermediaries​

Many companies get contacts through partner websites and lead generators. In our reading of Article R223-1:

• A form that names the specific company that will call, and its offer — suitable.
• A form with a list of partners in which the company is named — not expressly prohibited, but a risk zone: we do not recommend it.
• The person asks to be called back ("call me back") on a specific topic — suitable for the call that answers this request.
• "I agree to calls from partners" without naming the company — is not consent: the company's name must be stated specifically.

Cooperation between the company and the intermediary must rest on a proper legal basis that provides, among other things, for how information confirming the subscribers' consent to receive promotional calls is passed on.

8. Penalties​

According to the DGCCRF: an administrative fine of up to €75,000 per call for an individual and up to €375,000 for a company, with publication of the decision. A contract concluded after an unlawful call is void.

9. What this means when you work through a telecoms provider​

In practice, French telecoms operators may restrict or block the use of phone numbers following subscriber complaints, and the reasons for such measures are not always explained. As a result, a company that "worked without problems for years" gets blocked and does not understand what changed. In our experience, operators may request information on whether subscribers consented to promotional calls when reviewing matters related to restricting the use of numbers.

VoipTower provides clients with real French phone numbers, without substituting the calling party identifier. For clients who call consumers in France, we provide general information on the current requirements for telephone communications and technical support in preparing the information requested by operators, including data on subscriber consent and outbound call parameters.

Short checklist​

1. Consent is collected with a form that names your company and the offer; the box is not pre-ticked.
2. The consent text contains all five points from section 2.
3. The consent record for each number is kept for at least three years and given to the person on request.
4. The dialler calls only Mon–Fri 10–13 and 14–20 in the consumer's time, and no more than 4 times in 30 days.
5. For automated dialling — a number from the dedicated ranges (0162…0949 in metropolitan France).
6. A refusal during a call is recorded the same day; the person is not called again.
7. Energy renovation, housing adaptation and CPF — we do not call.