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telephone canvassing of brokers more strictly regulated

With the aim of protecting the consumer against abuse, brokers who canvass potential customers and sell insurance contracts over the telephone will have to comply with new obligations, which will apply from April 1, 2022.

Brokers (distributors) of insurance contracts must:
– ask for the explicit agreement of the potential client from the start of the discussion, and end the call if the interlocutor declares his opposition. In this case, the broker will no longer have to call him back;
– check that, if the person called is already covered by a contract identical to the object of the canvassing, this contract may be terminated in the event of subscription to the one offered to him;
– send all the documents relating to the contract before concluding it, and check that they have been received;
– wait 24 hours before signing the contract;
– collect an electronic or handwritten signature (an oral agreement is not sufficient);
– – send all the documents relating to the signing of the contract, its validity dates and its terms of termination;
– keep the recording of the telephone exchange that led to the transaction for two years, so as to provide proof in the event of a dispute, and ensure the security of this recording.

These new provisions are added to the insurance code. In the event of non-compliance, they are sanctioned with a fine of up to 1,500 euros (5th class violation).

To know : these new obligations 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 an implementing decree dated January 17, 2022.

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