Dutch Regulator Orders Energy Suppliers to Stop Using Fake Comparison Telemarketers

Key Takeaways

• The Netherlands Authority for Consumers and Markets (ACM) has told all energy suppliers in a letter that telemarketers may not pose as independent comparison services when selling energy contracts.
• Suppliers that use such intermediaries must show ACM what measures they are taking to ensure full compliance.
• The action reinforces that the contracting supplier is accountable for the entire sales process, including third-party sellers acting on its behalf.

Deep Dive

The Netherlands Authority for Consumers and Markets (ACM) has told all energy suppliers in a letter that telemarketers may not pose as independent comparison services when selling energy contracts. Suppliers that use such intermediaries must show ACM what measures they are taking to ensure full compliance. The action reinforces that the contracting supplier is accountable for the entire sales process, including third-party sellers acting on its behalf.

ACM's investigation into telemarketing, which began with the telecom and energy sectors, found that telemarketers selling energy contracts often present themselves as independent advisors. In practice, the commissions paid by suppliers influence the comparison outcome, so the advice is not independent and consumers are likely to end up with contracts that do not meet their needs. ACM treats this as a misleading sales practice. Because it sees the problem predominantly in the energy sector, it sent a letter to all energy suppliers on September 11, 2026, rather than only to those under investigation.

The key requirement is that energy suppliers may not use telemarketers that falsely pose as independent comparison providers. The supplier that ultimately concludes the contract with the consumer is always responsible for the entire sales process, including sales by businesses acting for it or on its behalf. Suppliers that use such parties must show ACM how they will ensure that these sellers comply with the rules. No specific deadline or fine amount is stated in the press release. The response timeframe is presumably set out in the Dutch-language letter, which compliance teams should review directly.

Compliance teams should take several steps:
- Inventory all telemarketing, lead-generation, and sales partners, including sub-contracted and indirect channels.
- Review call scripts, commission structures, and marketing claims for any representation of independence or neutral comparison.
- Strengthen third-party oversight through contract clauses, call recording and monitoring, audits, and termination rights.
- Prepare a documented remediation and control plan that can be submitted to ACM.
- Review complaint handling and escalate any reports linked to ConsuWijzer.

Risk implications are significant. Suppliers face enforcement exposure, including possible formal investigations, orders, and penalties if the response is inadequate or the practices continue. They also face reputational damage and potential consumer redress claims or contract disputes. The supplier's liability for third-party conduct makes weak vendor governance a direct compliance failure. Telecom and other sectors using telemarketing should treat this as a signal of broader ACM scrutiny.

Source: Netherlands Authority for Consumers and Markets