a Gironde company sanctioned for abusive telephone canvassing

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The administrative court of Bordeaux confirmed the legality of the administrative fine imposed on a company from Saint-Laurent-d'Arce (Gironde) specializing in the distance selling of food supplements which had canvassed on the phone of consumers registered on the Bloctel list.

Daniel collective procedure – had been the subject of a “control” of the repression of fraud on May 11, 2021. It gave rise to a “warning” issued on September 22, 2021 after observing “several breaches”.

A fine of 33,285 euros

The Saint-Laurent-d’Arce company was then given “an administrative fine” of 33 285 euros by the Departmental Directorate for the Protection of Populations of Gironde (DDPP) on February 22, 2022. She therefore appealed to the administrative court of Bordeaux to obtain the cancellation of this “disproportionate” fine in view of her “financial situation”.

” The low share what represent the calls (…) improperly made to numbers registered on the Bloctel list [une liste d’opposition au démarchage téléphonique, ndlr]in view of the total number of calls made over the period concerned, justifies the reduction in the amount of the fine imposed on him,” added his lawyer.

But “the administration had initially planned to impose (…) a fine of 47,550 euros” or “50 euros” for “each of the “951 cold calls” of consumers registered on the Bloctel list, the Bordeaux administrative court reminds him in a decision dated October 3, 2024 and which has just been made public.

“An unacceptable nuisance”

At the end of the “adversarial procedure”, the administration had however “taken into account” the “oral allegations” of the company which explained that it was experiencing “financial difficulties”. She therefore reduced the amount of the fine to “35 euros per violation”. However, before the court, “the company does not produce (…) any element allowing it to be demonstrate reality of these financial difficulties”, note the Bordeaux judges.

“Given the significant number of calls noted, which constitute an unacceptable nuisance for consumers who have clearly indicated their refusal of any telephone canvassing, the amount of the fine – particularly moderate compared to the maximum amount of 375,000 euros provided for by (…) the consumer code – does not appear disproportionate,” they assert. And “it is not up to the judge (…) but only to the administration to grant payment deadlines”, they remind in passing.

CB (PressPepper)

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