Personal training account: the majority wants to ban abusive canvassing
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Aggressive sales canvassing to sell training by phone, SMS or email? A few more months and this practice, which is unbearable for thousands of people – even Elisabeth Borne herself, on her personal telephone – could have ended. A bill by deputies Bruno Fuchs (Modem) and Sylvain Maillard (Renaissance) was tabled to this effect on Wednesday, the authors of which hope to be enacted before the end of the year. “I expect a general consensus”, indicates the second, elected from Paris, to “Echos”. The government supported the process.
With more than 2 million holders of the Personal Training Account (CPF) who have used their rights to train, “it is clear that this platform is now part of the daily life of the French”, we can read in the explanatory memorandum of the proposal. “However, this massive success of the CPF has also opened the door to aggressive or even abusive commercial practices aimed at pushing individuals to buy training against their will”, deplore the two deputies.
Following the example of “MaPrimRénov”
“While serious fraud such as identity theft or misappropriation of rights are few in number and are subject to increased control by the Caisse des dépôts et consignations (CDC), aggressive canvassing is now a real nuisance that invades the daily life of the French ”, to the detriment of the credibility of the system or the training sector, they add.
The text, which will be examined at first reading in the Assembly during the Modem niche on October 6, comprises only 2 articles and intends to reproduce the ban introduced for “MaPrimeRénov”.
The first aims to prohibit “any commercial prospecting of holders of a Personal Training Account, by telephone, by message from an interpersonal communications service or by e-mail aimed at collecting their personal data”. This concerns in particular the amount of the rights and the identification data. Exit also the conclusion of contracts, with the exception of “solicitations occurring within the framework of a service in progress presenting a direct link with the object of this one. »
Exchange of information
The second article authorizes the Caisse des dépôts (which manages the CPF), France competences, the regulatory body for vocational training, and the competent State services to exchange “any information useful for the prevention and detection of fraud, the carrying out of checks and the sanctions to be taken in the event of breach by account holders and service providers of actions contributing to the development of skills in the general conditions of use” of the CPF.
The government had tried at the end of 2021 to ban the canvassing of CPF holders without success, the amendment introduced during the examination in the Senate of the 2022 budget having sunk with the rejection of the bill by the Upper Chamber. Former LREM MP for Gironde Catherine Fabre then tabled a bill in the spring remained a dead letter for lack of a parliamentary review window .
“Going through the law is not the philosopher’s stone against abusive canvassing, but it sends a clear signal”, estimated then the director of pensions and solidarity of the Caisse des dépôts, Michel Yahiel, in an interview with “Les Echos” . Contrary to what one might think, the multiplication of door-to-door sales does not mean that fraud is increasing. “It’s paradoxical, but as it becomes more complicated, the raking by SMS or calls increases”, he assured.
Pending the promulgation of the law, the best reflex remains to hang up or not to answer text messages in case of doubt.
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