Insurance brokers will have to comply with stricter rules when it comes to canvassing by telephone. Measures aimed at better supervising these practices and limiting abuses have been taken.-
The new law governing the activity of insurance brokers (1) was published on April 9, Official newspaper. Among the novelties, some relate to canvassing by telephone, a very popular practice in this sector and fraught with many abuses. Professionals will now have to meet new obligations.
1. Quickly obtain the client’s agreement to canvass him
Telephone prospecting in insurance matters remains authorized, but the direct seller must, immediately after presenting himself and indicating the commercial nature of the call, ensure that his interlocutor is in favor of continuing the conversation. In the absence of an explicit agreement, he must end the call without delay and cannot recall it later. In addition, he must subsequently stop the call when his interlocutor shows an obvious lack of interest or his wish to end it.
2. Make sure that the customer is able to sign a new contract
In the event that the client is covered by another policy for a similar risk, the direct seller must ensure that he can terminate it simultaneously with the subscription of a new contract.
3. Check that the mandatory documents have been received correctly
Once the customer agrees to subscribe, the insurer must not only send him several documents and information provided for by law (contract, information notice, etc.), but also ensure that he has them. well received. This step is mandatory before concluding the distance contract. The direct seller must also wait at least 24 hours after receipt of these documents to remind the customer.
4. No longer have recourse to oral agreement
The simple act of saying the word “yes” is no longer sufficient to validate the subscription of an insurance contract. The handwritten or electronic signature of the client is now mandatory.
5. Never conclude a contract on the first call
The signing of the contract can now not take place less than 24 hours after receipt of the documents by the customer, and therefore even less from the first call. The law also recalls that the distributor cannot sign a contract on behalf of the subscriber.
6. Systematically send a written confirmation
Once the contract has been signed, the insurer must inform the subscriber “in writing or in any other durable medium” of his commitment, the dates of conclusion and entry into force of the contract, of his possible right of withdrawal and of the terms and conditions of the contract. exercise it, in particular the address to which the notification of the waiver must be sent as well as the procedures for examining any complaints.
7. Record communications
The direct seller must record and keep for 2 years all telephone conversations occurring before the conclusion of the contract. These records are supposed to help the Directorate General for Competition, Consumption and Fraud Control (DGCCRF) as well as the Prudential Control and Resolution Authority (ACPR) to exercise their supervisory power.
All these provisions had in fact already been the subject of an agreement between insurance professionals and consumer associations, including the UFC-Que Choisir. Now enshrined in law, they will apply to all players in the sector without exception. They should help to reinforce consumers’ information and give them time to think and compare before subscribing. They could even encourage certain insurance direct sellers to abandon this way of prospecting which opens the way to many abuses.
(1) https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000043339224
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