Until then, a simple “yes” orally was enough to take out an insurance contract over the phone. What many individuals did not know. In order to put an end to the abusive practices of many insurers and insurance intermediaries, the government has decided to strengthen the regulations on cold calling insurance professionals. Thus, as the service-public.fr site explains, since April 1, 2022, they must comply with several obligations.
From now on, insurers and insurance intermediaries (brokers, general insurance agents, insurance agents or agents of insurance intermediaries) who canvass potential customers must request, from the start of the call, the agreement explicit to the person. If the latter refuses, they must end the call and will not be able to call her back. They must also check whether this person is already covered by a contract similar to the one for which they are canvassed. If this is the case, they must tell her that this contract may be terminated if she subscribes to the new contract offered to her.
In addition, as the Public Service website explains, insurers and insurance intermediaries now have the obligation to send all the documents relating to the contract before concluding it. They must verify that the person has received them and wait 24 hours before having them signed. This signature must be electronic or handwritten, and no longer oral as before.
The telephone call, which led to the subscription of the contract, must be recorded and kept for two years in order to serve as proof in the event of litigation or control. These new measures, which have been added to the Insurance Code, stem from the law of April 8, 2021 relating to the reform of insurance brokerage and brokerage in banking transactions and payment services, supplemented by a decree of application dated January 17, 2022. Insurers and other intermediaries who do not comply with them are liable to a fine of up to 1,500 euros.
But above all, insurers and insurance intermediaries must, like most professionals canvassing potential customers, ensure that they are not registered on the Bloctel telephone canvassing opposition list. Established in 2014, this free service makes it possible to oppose canvassing.
Only survey institutes or non-profit associations, sellers of newspapers or periodicals, and professionals with whom a contract is in progress are authorized to call people registered on Bloctel.
