Italy Moves to Curb Aggressive Energy Telemarketing

If you’re in a hurry:

• From June 19, 2026, Italy will introduce new rules restricting telemarketing in the electricity and gas sector 
• Energy companies will only be allowed to contact consumers if there is explicit consent or a direct request from the user 
• Promotional calls and messages without authorization will be prohibited 
• Contracts signed in violation of these rules will be legally void 
• The burden of proof will shift from consumers to energy providers 
• New requirements will ensure caller identification and strengthen regulatory enforcement

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Starting June 19, 2026, Italy will introduce a sweeping overhaul of its rules on telephone marketing in the energy sector, marking a decisive shift in how electricity and gas companies can approach consumers.

After years of complaints about persistent and often opaque sales calls, the new rules aim to sharply limit unsolicited commercial contact and rebalance the relationship between providers and households.

A Turning Point for Cold Calls

The reform, introduced through the government’s “Decree on Energy Bills” and published in the Official Gazette on April 18, amends Article 51 of Italy’s Consumer Code. The new paragraph 8-bis prohibits companies from making promotional calls or sending messages to consumers in order to offer or conclude contracts for electricity and gas services.

Contact will only be permitted in two cases: when a consumer has directly requested information through an official company channel, or when an existing customer has explicitly agreed to receive commercial offers.

In all other cases, silence effectively becomes a refusal.

Consent Becomes Central

At the heart of the reform is a stricter definition of consent. Energy companies will no longer be able to rely on broad or implicit permissions. Any authorization to be contacted must be clear, specific, and demonstrable.

This shift reflects a broader attempt to address a long-standing imbalance in the sector, where consumers have often been exposed to high-pressure sales tactics, unclear representations, and contracts agreed to in moments of confusion or urgency.

Contracts Without Consent Become Void

Perhaps the most significant change lies in paragraph 8-ter. It establishes that any contract concluded in violation of the new rules will be legally null and void.

In practical terms, this means that even if a consumer agrees to a contract during an unsolicited call, that agreement will carry no legal weight if proper consent was not obtained beforehand.

Crucially, the burden of proof is reversed. It will no longer fall on consumers to demonstrate that they were misled or contacted improperly. Instead, energy companies must prove that the interaction complied with the law.

A Shift in Commercial Risk

The reform introduces a structural change in incentives. For years, aggressive telemarketing has remained profitable despite regulatory scrutiny, partly because many contracts held even when disputes arose.

By making improperly obtained agreements void, the law directly targets the economic logic behind such practices, turning regulatory non-compliance into a financial liability rather than a manageable risk.

Greater Transparency in Phone Calls

The legislation also requires energy companies to use phone numbers that clearly identify them, reducing the anonymity that has long characterized telemarketing calls.

Further technical measures are expected from Italy’s communications authority, Agcom, and the national data protection authority. Agcom has already begun consultations on introducing dedicated numbering systems for legitimate telemarketing activity.

Regulators will also gain stronger enforcement powers. If a company is found to be using unauthorized numbers, authorities may order the immediate suspension of the phone lines involved.

A Persistent Problem

The reform comes after years of incremental attempts to rein in aggressive marketing practices. Italy’s public “Do Not Call” registry has offered partial relief, but has often struggled to keep pace with evolving and fragmented call-center networks.

Energy customers have been among the most heavily targeted, in a market shaped by rising bills, complex tariff structures, and widespread confusion about pricing.

Estimates suggest that Italian consumers receive more than a dozen unwanted calls per month on average, with millions of such contacts occurring nationwide each year.

Enforcement and Consumer Protection

Consumer advocacy groups, including Consumerismo No Profit, have welcomed the reform as a long-awaited turning point.

The new rules do not eliminate telemarketing altogether. Legitimate marketing will still be allowed where consent exists. But companies will now be required to prove that consent, and to operate through clearly identifiable channels.

Consumers will also retain access to dispute resolution mechanisms, including Italy’s energy conciliation service managed by the regulatory authority Arera, which offers a free online platform for resolving complaints.

A New Balance of Power

The reform does not end telephone marketing in the energy sector. But it fundamentally alters its conditions.

Calls alone will no longer be enough to create binding contracts. Consent must be real, traceable, and verifiable. And without it, agreements will not stand.

It is a shift that does not silence the phone, but changes what it means when it rings.