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Selling by telephone is permitted, but it counts as a distance sale: the consumer has a 14-day cooling-off period, and you must clearly inform him of this and his other rights. Recording the conversation (a voice log) is permitted and often advisable as evidence, provided you inform the consumer about it. Watch the pace: if you go too fast, the customer can invoke error and annul the agreement.
Appointments are increasingly being made by telephone. Offering products or services by telephone is permitted, but there are points to consider — and consumers receive extra protection.
Additional consumer rights in telephone sales
Telephone sales are distance selling, just like online sales. Because misunderstandings can arise and the consumer has not seen the product, he has additional rights: he can reverse his decision within 14 days. You are obliged to inform him of this — clearly stating that there is a 14-day cooling-off period and how and under what conditions he can withdraw. All other rights of consumer purchase also apply, such as the right to a sound product.
May I record the phone call?
Yes. Recording a conversation (a voice log) is permitted, and if the conversation is necessary for the performance of the agreement, you do not even need to ask for separate permission. However, you must clearly notify the consumer that the conversation is being recorded, inform him about what you do with his personal data, and he has the right to request or listen to the recording.
Recording is wise: if you claim that an agreement exists, you must prove it. Without a signed contract, the recording is often the only evidence — and it proves that you have sufficiently informed the consumer of their rights.
Please note: a recording is not a guarantee
Even with a clear recording in which the customer agrees, a valid agreement is not established. You must inform the consumer clearly and comprehensibly; otherwise, he can invoke error and have the agreement annulled.
For instance, an energy company was able to demonstrate with a recording that the customer had been informed and agreed, but the customer found it unclear. The judge (ECLI:NL:RBLEE:2011:BR5463) listened to the recording: although the customer had been informed and agreed multiple times, the salesperson proceeded through the conversation at such a rapid pace that the customer could not foresee the consequences. The judge held this against the salesperson. So speak clearly, use understandable language, and do not go too fast.
Frequently Asked Questions
Does a consumer have a cooling-off period for telephone sales?
Yes, in principle 14 days, because it is a distance purchase. You must clearly inform the consumer about this, otherwise the cooling-off period may be longer.
May I record a sales call?
Yes, provided you inform the consumer that the conversation is being recorded and inform him about the use of his personal data. He may request the recording.
Is a recording sufficient proof of an agreement?
Not always. If you informed the customer unclearly or too hastily, he can invoke error and have the agreement annulled, despite the recording.
Setting up telemarketing legally soundly
A good call script meets legal requirements and is clear. The legal experts at MKB Juristen help you with this. View our expertise in contract law or schedule a free intake consultation .
