Telephone canvassing in insurance: mere verbal consent is no longer sufficient

The law relating to insurance brokerage reform and brokerage in banking operations and payment services published in the Official Journal of April 9, came to supervise the telephone canvassing in insurance through several provisions aimed at limiting abuse.

Thus, any person contacting a potential customer as part of a insurance prospecting, must indicate the commercial nature of the call immediately after being presented. The discussion should only continue with the explicit consent of the person contacted. In case of refusal, the direct seller must end the call and no longer contact her later. The conversation should also be cut short if the interlocutor shows no interest or wishes to hang up.

Another development, no sale can be concluded from the first call. After acceptance by the customer, the insurer must send him several legal documents (contract, information notice, etc.) and then ensure that they are actually received. After a period of at least 24 hours following receipt, a second contact can be established in order to sign the contract. Subsequently, a written confirmation of the commitment made must be sent to the subscriber ” in writing or in any other durable medium ».

It should be noted that from now on, the subscription of an insurance contract is no longer validated by the simple verbal consent of the client; the latter must affix his handwritten or electronic signature.

In addition, when the customer benefits from an insurance contract already covering a similar risk, the seller must ensure that he can terminate it simultaneously with the subscription of the new contract.

Finally, telephone conversations between direct sellers and customers must be recorded and kept for 2 years in order to enable the General Directorate for Competition, Consumption and Fraud Control (DGCCRF) and the Prudential Control Authority and resolution (ACPR), to carry out a check if necessary or to intervene in the event of a dispute between the insurer and its client.

–