Question 13972 — advertising

Summary

Mr. Jean-Pierre Bataille draws the attention of the Minister of Small and Medium Enterprises, Commerce, Crafts, Tourism and Purchasing Power to the delay in the publication of the implementing decrees relating to the supervision of telephone canvassing, provided for by the law of June 30, 2025 against all public aid fraud. This reform, initially envisaged only for work to adapt housing to disability and aging, has been conveniently extended to all telephone canvassing. As of August 11, 2026, only consumers who have expressed prior consent may be contacted, with the exception of ongoing commercial relationships. This development, eagerly awaited by citizens, marks the transition from an opt-out regime to an opt-in regime, significantly strengthening their protection against commercial solicitations. unwanted. However, the effective entry into force of this measure remains conditional on the publication of two implementing decrees, initially expected in February 2026. These must specify, on the one hand, the terms of application of Article L. 223-1 of the Consumer Code relating to the prohibition of telephone canvassing without prior consent and, on the other hand, the days and times during which a professional may contact a consumer, when the latter has expressly consented to being called on a specific date and time. A few months before the entry into force of this reform, the absence of these regulatory texts creates uncertainty over the conditions of its effective implementation. In this context, he asks when the Government intends to proceed with the publication of these decrees and according to which guidelines the modalities for supervising telephone canvassing will be defined, in order to guarantee effective consumer protection.

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