A lot has happened since 2015. Complaints about telemarketers have fallen sharply, partly as a result of the Swedish Consumer Agency's supervision and the industry's own measures. It is clear that existing legislation is sufficient to tackle criminals and that the government's proposal is both too late and unnecessary.
The Alliance government gave the directive to the inquiry that "a good balance between the interests of consumers and traders should be taken into account" and that measures should be designed to address the real problems. Several referral bodies criticized the inquiry for inadequate impact assessments of the effects on business. Several respondents also noted that an exemption for sales to existing customers already covered by customer contracts would be justified and mitigate the negative effects on business. No specific consumer problems have been identified in this area.
The Government also states in its proposal that "it is true that this type of sale is generally less problematic/.../This could indicate that the written requirement should not apply to such sales. However, there are several reasons against such an exception, including the importance of competitive neutrality and the interest in uniform and clear regulation". The government thus shares the insight that sales within the framework of the existing customer relationship are not the major problem, but still wants to insist on introducing a new regulation with a square principle argumentation such as competitive neutrality.
Selling within the framework of an existing customer relationship is often welcomed by customers, as they are offered advice on relevant, good or affordable solutions. Having to repeatedly sign written contracts in this context is an unnecessary regulatory burden for both customer and trader.
The problems identified are predominantly related to telemarketing to attract new customers.
Despite this, the red-green government has chosen to put forward a proposal that is disproportionate and does not balance the interests of consumers and traders.
As the government has taken an unjustifiably hard line, we hope that the opposition in the Riksdag, especially the Alliance parties, will rally to a parliamentary decision that takes into account the interests of both consumers and traders. The Alliance parties should feel a particular responsibility to live up to the directives formulated by the previous Alliance government. A good start would be to make exceptions for sales to existing customers and thus show that the parliamentary majority does not accept an anti-business policy.
The government's disinterest in the impact on business is reinforced by the eagerness to introduce new legislation quickly before the elections. The rapid introduction of a new law presents various traders with the challenge of developing technical solutions to deal with the requirement for written offers and acceptances. This requires significant effort and investment, especially if it is to be done in an efficient yet sustainable way. Smaller businesses will have a particularly tough time.
The telephone is one of the main sales channels for many traders. It is reasonable to expect parties that advocate the importance of a good business environment to show that they understand it and live up to it in a tough decision-making environment.