In France, a shop may send promotional text messages to consumers on one main condition: it must have their agreement before the first message (article L34-5 of the French Post and Electronic Communications Code). There is one exception for a shop: the person is already a customer and the message is about products or services similar to what they bought. In every case, each text must say who sent it and offer a simple way to refuse further messages.

This article reflects the rules as of 5 October 2026, based on the official texts and pages listed at the end. It is general information, not legal advice: for a specific situation, ask a lawyer or the CNIL, the French data protection authority.

Do you need a customer's consent before sending a promotional text?

Yes. Article L34-5 bans direct marketing by electronic means to anyone who has not given prior consent, and the CNIL applies this rule to emails as well as SMS and MMS. This is known as prior consent, or opt-in. Under this text, direct marketing means any message promoting goods, services or the image of the business.

According to the CNIL, consent must be freely given, specific, informed and unambiguous. It requires a positive action from the person, such as ticking a dedicated box. Pre-ticked boxes are banned: they do not count as consent.

  • At the till, on a paper form or a tablet: an unticked box such as “I agree to receive offers from [shop name] by text message”.
  • A clear sentence on what the person will receive (offers, news) and how to unsubscribe.
  • A record of each agreement: date, where it was collected, the wording accepted. If you are inspected, proving consent is up to you.
  • Be careful with bought lists: on 15 May 2025, the CNIL fined a company that sent marketing texts and emails using data acquired without valid consent.

Can you text existing customers without their consent?

Yes, within strict limits. Article L34-5 allows marketing without prior consent when three conditions are met: the contact details were collected from the person during a sale or a service, the message is about similar products or services supplied by the same business, and the person was able to refuse, simply and free of charge, when the details were collected and then in every message.

  • A customer had a treatment at your beauty salon and could refuse offers when you took her number: you may text her about another treatment at your salon.
  • Someone only created an account, with no purchase or service: the exception does not apply. The CNIL states this explicitly.
  • You want to pass on an offer from a neighbouring or partner shop: the exception only covers your own products and services, so you need consent.

What must every text message include?

The law requires two things in every message: the recipient must be able to tell who sent it, and there must be valid contact details for asking to stop the messages, at no cost other than sending that request. Hiding the sender's identity is also banned. The 2026 charter of the AF2M, the association that sets practice standards for business texting in France, explains how to apply this.

  • Your shop's name, in the text or in the sender field. The AF2M charter limits this field to 11 alphanumeric characters, which must clearly identify the brand and must not look like a phone number.
  • A way to unsubscribe: the STOP keyword, following your texting provider's procedure, or an unsubscribe link.
  • Fast handling of every opt-out: the charter requires each objection to be processed as quickly as possible, with no paid, complicated or conditional unsubscribe.

What times and days can you send a promotional text?

The hours set for telephone sales calls (Monday to Friday, 10:00 to 13:00 and 14:00 to 20:00, never on Saturdays, Sundays or public holidays) apply to calls, not texts. For text messages, the reference is the AF2M Business Messaging Charter, in force since 1 March 2026. It is not a law but an industry rule. It does bind the whole sending chain, though, and a breach can lead to non-compliant messages being blocked.

  • Promotional texts allowed between 8:00 and 21:30.
  • Sending recommended Monday to Saturday.
  • Sundays and public holidays: tolerated but not recommended, to limit commercial pressure.
  • Functional messages (delivery, authentication, conversations started by the customer): not subject to these hours.

Does Bloctel apply to text messages?

No, and Bloctel no longer exists. This opt-out list covered calls only: France's National Consumer Institute (INC) notes that texts were excluded. Since 11 August 2026, French law no. 2025-594 of 30 June 2025 bans telephone sales calls without the consumer's prior agreement, except calls about an existing contract, and the Bloctel service has been abolished. Nothing changes for texts: the prior consent of article L34-5 was already the rule.

What are the penalties?

Article L34-5 provides for an administrative fine of up to €75,000 for an individual and €375,000 for a company. The CNIL can also impose penalties: on 15 May 2025, it fined Solocal Marketing Services €900,000 for text and email campaigns sent without valid consent.

Note: in decision no. 2026-1210 QPC of 25 June 2026, the French Constitutional Council ruled unconstitutional the parts of article L34-5 that allow several authorities to prosecute and penalise the same facts. Their repeal is postponed to 31 October 2027. Until then, an authority cannot open proceedings if another has already done so for the same facts against the same person. The consent requirement itself is not affected by this decision.

How to keep it simple in your shop

  1. Add an unticked “Receive our offers by text” box wherever you collect a number: customer form, booking, loyalty card.
  2. Record the date and method of collection for every agreement.
  3. Keep people who gave consent separate from those covered by the existing-customer exception: the latter should only receive offers on similar products or services.
  4. Re-read every text before sending: shop name, STOP mention, clear offer.
  5. Schedule sends from Monday to Saturday, between 8:00 and 21:30.
  6. Remove anyone who replied STOP from your lists straight away.

With Ooklo, AI drafts your texts, emails and posts, and nothing goes out until you approve it: the right moment to check the points above. SMS is a paid option, available on every plan, and every plan comes with a 14-day free trial.

Does an appointment reminder text require consent?+
The consent rule targets direct marketing, meaning messages promoting goods, services or the image of the business. A purely informative reminder with no offer does not, in principle, fall under that definition. As soon as you add a promotion, it becomes a marketing message.
Can you send a promotional text on a Sunday?+
The 2026 AF2M charter tolerates Sundays and public holidays without recommending them. The ban on Saturdays, Sundays and public holidays applies to telephone sales calls.
Is the word STOP mandatory?+
The law requires a simple way to refuse messages and valid contact details for doing so. The STOP keyword is the standard mechanism cited by the AF2M charter, alongside an unsubscribe link.
Are the rules the same for texts sent to businesses?+
No. According to the CNIL, marketing to professionals can rely on legitimate interest if the message relates to their job, provided they were informed and can object.
Can I use phone numbers collected for appointments?+
To offer similar services, yes, if the person bought something or received a service from you and could refuse when the number was collected. An account created without a purchase or service is not enough.
Does Bloctel still exist?+
No. The service was abolished on 11 August 2026, when telephone sales calls moved to prior consent. It never covered text messages.
Where can you report an unwanted text?+
To 33700, the French reporting service for unwanted texts and calls mentioned by the CNIL.
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Sources

  • Légifrance, Article L34-5 du Code des postes et des communications électroniques, https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000032235707 (accessed 5 October 2026)
  • CNIL, La prospection commerciale par courrier électronique, SMS-MMS et automate d'appel (updated 10 June 2026), https://www.cnil.fr/fr/la-prospection-commerciale-par-courrier-electronique (accessed 5 October 2026)
  • CNIL, Courtiers en données : sanction de 900 000 euros à l'encontre de la société Solocal Marketing Services, https://www.cnil.fr/fr/sanction-de-900-000-euros-societe-solocal-marketing-services (accessed 5 October 2026)
  • Conseil constitutionnel, Décision n° 2026-1210 QPC du 25 juin 2026, https://www.conseil-constitutionnel.fr/decision/2026/20261210QPC.htm (accessed 5 October 2026)
  • AF2M, Charte Business Messaging 2026 : l'af2m renforce les règles du jeu, https://af2m.org/charte-business-messaging-2026-laf2m-renforce-les-regles-du-jeu/ (accessed 5 October 2026)
  • economie.gouv.fr, Professionnels : comment respecter la réglementation sur le démarchage téléphonique ? (written 21/08/2026), https://www.economie.gouv.fr/entreprises/developper-son-entreprise/innover-et-numeriser-son-entreprise/professionnels-comment-respecter-la-reglementation-sur-le-demarchage (accessed 5 October 2026)
  • Service-Public.fr Entreprendre, Démarchage téléphonique interdit : quelles sont les nouvelles règles ?, https://entreprendre.service-public.gouv.fr/actualites/A19003 (accessed 5 October 2026)
  • Institut national de la consommation, La liste Bloctel est supprimée depuis le 11 août 2026, https://www.inc-conso.fr/content/la-liste-bloctel-est-supprimee-depuis-le-11-aout-2026 (accessed 5 October 2026)