Cold calls and phone sales: what you can refuse and cancel

Key rules

• Phone yes: If a trader phones you, a verbal yes alone does not bind you until you confirm in writing on a durable medium.
• Cold calls: Sales calls need your prior consent unless you already have a contract or similar relationship with the company.
• Withdrawal: You have 14 calendar days to withdraw, with no reason and no penalty.
• Complaints: Report unwanted calls to the AEPD and sales practice problems to your regional consumer office.

A yes on the phone is not enough if the trader called you

If a trader phones you, a verbal yes alone does not bind you until you confirm in writing on a durable medium. A durable medium is something you can keep, such as an email or a letter. You are bound only once the trader sends confirmation and you sign it or give your consent in writing, including electronically.

The exception is when you made the call yourself. Then the confirmation step does not protect you in the same way, so be more careful about what you agree to.

At the start of the call, the trader must give you the contract information: who they are, what they sell and the terms. If they rush past it or avoid it, hang up.

Energy and phone contracts need more than a yes

Contracts for electricity, gas and telecoms agreed by phone need written or recorded proof that you consented. A spoken "yes" that you cannot check later is not enough. Rules for these sectors change, so before you accept an offer, ask for the terms by email and read them.

Companies need your consent to cold-call you

Companies may not make sales calls unless you have consented. The exception is when you already have a contract or a relationship with them for similar products. If you are not a customer and never agreed, the call should not happen.

You can also register on the Lista Robinson, a free list for people who refuse advertising. Companies must check it before calling. Registering does not stop every call, but calls after you register are easier to complain about.

How to cancel

Once you have a contract made by phone, you have 14 calendar days to withdraw, with no reason and no penalty. Use the model withdrawal form if the trader gave you one. Any clear written statement also works. Keep a copy and proof of when you sent it.

How to complain

• For unwanted calls and misuse of your data, complain to the data protection agency (AEPD) through its online office.
• For pushy or misleading sales practices, go to your region's consumer office or the national consumer ministry.
• For problems with a phone or internet service, you can also go to the state telecommunications authority.

Write down the date, time, number and company name for every call. This makes a complaint much stronger.

The decision, timeline, warnings and FAQ below walk through the steps and common mistakes.

Choosing between options

Are you bound by a yes you said on a sales call?

• You phoned the trader: The confirmation step does not protect you in the same way, so treat your agreement on the call as serious and ask for the terms in writing before saying yes.

• It was an energy or telecom contract: These contracts by phone need written or recorded proof of your consent, so ask the company for that proof if you are unsure you agreed.

Ask who made the call: if the trader called you, your yes alone never binds you.

Timeline and deadlines

• Listen for the contract information the trader must give you when it calls you to sell something: at the start of the call

• Wait for the trader's confirmation on a durable medium, such as email or letter, and sign or consent in writing only if you want the contract: after the call, before you are bound

• Withdraw from the contract with the model form or any clear written statement, with no reason and no penalty: within 14 calendar days

What to watch out for

• Signing the confirmation binds you: A verbal yes on a call the trader made does not bind you, but signing or agreeing in writing to the confirmation afterwards does. Read the confirmation first. If you do not want the contract, do not sign or reply. If you already did, withdraw within 14 calendar days.

• Withdrawing in an unclear way: A vague message can leave the trader claiming you never withdrew, and you lose the chance once the 14 calendar days pass. Use the model withdrawal form or write a clear statement that you withdraw, send it in writing and keep a copy.

• Sales calls you never agreed to: Companies need your prior consent to make commercial calls, unless you already have a contract with them for similar products. Calls without it can be reported. Register on the Lista Robinson to refuse advertising, and complain to the AEPD, Spain's data protection agency, if calls continue.

Frequently asked questions

Who do I complain to about unwanted sales calls?

You complain to the AEPD, Spain's data protection agency, through its online office (sede electrónica). It handles unwanted commercial calls, including calls to numbers on the Lista Robinson. For sales practices, you can also go to your regional consumer office or the Ministry of Consumer Affairs.

What is the Lista Robinson and does it stop sales calls?

The Lista Robinson is a free register where you ask not to receive advertising, and companies must check it before they call you. It does not cover every call: a company may still phone you if you gave consent or already have a contract with it for similar products.

Do energy and phone contracts agreed by phone need more than a yes?

Yes, energy and telecom contracts agreed by phone need written or recorded proof that you consented. Ask the company for that proof if you do not remember agreeing, and check the current sector rules with your consumer office.