The decision of the Constitutional Council calls into question the accumulation of sanctions for telephone canvassing and begins a transition to a stricter regime from August 2026.
The Constitutional Council, seized by the operator Orange as part of a dispute before the Council of State, examined the 2020 law aimed at regulating telephone canvassing and combating fraudulent calls. In a decision rendered on Wednesday June 25, the court declared several passages of the text unconstitutional, which allowed different administrative authorities to sanction the same facts.
A system of multiple sanctions deemed unconstitutional
The 2020 law notably prohibited telephone canvassing and commercial prospecting for energy renovation work, and required professionals to respect the Bloctel list, on which individuals refusing canvassing can register. To sanction breaches, it allowed three separate administrative authorities to intervene: the data protection authority (Cnil), the telecoms regulator (Arcep) and the authority responsible for competition and consumption. It is this point which was struck as unconstitutional, because it authorized the same acts to be punished several times.
The decision therefore results in the repeal of the provisions allowing this accumulation of prosecutions. In order not to interrupt the current procedures, the court has however postponed the effects until October 31, 2027. In the meantime, an authority will no longer be able to pursue the author of an offense already prosecuted or sanctioned by one of the other competent authorities.
This decision comes during a period of legislative transition. Since the 2020 law, a new text has been adopted, the law of June 30, 2025, which reverses the principle in force: from August 11, 2026, companies will have to obtain prior consent from consumers before soliciting them. Any unsolicited canvassing will then be prohibited, whatever the sector, and the Bloctel list, no longer necessary, will disappear on this date.
