ACM to step up its enforcement of compliance with telemarketing rules

The Netherlands Authority for Consumers and Markets (ACM) will intensify its oversight of telemarketing activities. Businesses have until July 1 to get their processes straight. ACM will then check whether or not businesses comply with the rules, and will take enforcement action if that is not the case.

Manon Leijten, Member of the Board of ACM, adds: “For years now, telemarketing has been a persistent problem, and it has been a perennial fixture on the top-five list of topics of reports filed with ACM. Energy suppliers and telecom operators in particular generate a lot of reports. This needs to change right now.”

In order to remind businesses of their obligations and of the rules regarding telemarketing, ACM organized a meeting on March 27 for energy suppliers and telecom operators. ACM receives the most complaints in connection with these sectors. During the meeting, all rules regarding telemarketing were discussed. For example, businesses can only contact someone if that person has explicitly consented to that. Furthermore, that consent must be verified by the business prior to the conversation, for example by app, text message, email or phone. In addition, businesses must be transparent about aspects such as the purpose of the call, the price, and the length of the contract. These rules apply to all businesses that use telemarketing activities for reaching consumers or other ‘natural persons’, such as independent contractors.

Chain responsibility

Chain responsibility was also at the forefront during the meeting. All market participants in the marketing chain (from obtaining consent to concluding the agreement) are responsible (or co-responsible) for compliance with the rules. The business that ultimately wins the contract is responsible (or co-responsible) for compliance with the rules, and ACM will confront that business with any violation. If a contracted firm violates the rules, the contracting business can also be confronted by ACM.

Deadline

Businesses have until July 1, 2025, to get their processes straight and to comply with the statutory requirements. After the deadline, ACM will carry out audits to check whether businesses comply with the rules. If necessary, ACM can take enforcement action, for example, by imposing fines or orders subject to periodic penalty payments.

Please continue to report

With this intensified approach, ACM wishes to help create a more honest and more transparent telemarketing sector, where people are protected better against unsolicited and misleading sales calls. ACM also calls on individuals to continue to file reports if they suspect businesses of failing to comply with the rules. The more insight ACM has into where it goes wrong, the more effectively it can take enforcement action.

More information about rights and obligations regarding telemarketing:

• Telemarketing sales | ACM.nl (in Dutch)
• Telemarketing: in what situations can a company call you? | ACM ConsuWijzer (in Dutch)
• Explainer video for consumers (in Dutch)