Not legal advice. I am not a lawyer. This guide is a general summary to help you ask better questions. Check with a lawyer, or read the Government of Canada and CRTC guidance, before you rely on it.
What CASL is
CASL stands for Canada's Anti-Spam Legislation. It came into force in 2014. It covers commercial electronic messages. That means emails, texts and some social media messages that promote your business or encourage someone to buy.
It applies to small businesses, not just big companies. The penalties can be serious. The law allows fines of up to $10 million per violation for a business, though most small business problems are far smaller.
The three basics
If you remember only three things, remember these.
- Consent. Get permission before you send.
- Who you are. Say who is sending and how to reach you.
- Unsubscribe. Give an easy way to stop messages, and honour it.
Consent
There are two main kinds of consent.
Express consent means the person clearly said yes. For example, they ticked a box on your form that was not pre-ticked, or they agreed by text. Keep a record of when and how.
Implied consent applies in some situations. Two common ones are a customer who bought from you within the past two years, and a person who asked you a question or sent an inquiry within the past six months. Those time limits matter, so keep dates.
Who you are
Each message should say who is sending it. Include your business name and a mailing address, plus a phone number, email address or website where people can reach you.
For texts, a short signature line and a link to a page with the full details is a common way to keep it brief. Our own text message terms show one example.
Unsubscribe
Every marketing message needs a clear, free way to opt out. For email, that is usually a link. For texts, that is usually replying STOP.
When someone opts out, you generally must act on it within 10 business days. In practice, do it the same day and keep a list of people not to contact.
Replies, quotes and inquiries
Some messages are treated differently. For example, replying to a person who contacted you, or sending a quote or estimate they asked for, may not need the same consent steps.
The details matter, and a long chain of automatic follow-ups can cross the line. If you are unsure, ask a lawyer.
A simple checklist
- Can I show when and how this person agreed?
- Does the message say who I am and how to reach me?
- Is there an easy opt-out, and do I honour it fast?
- Do I stop messaging when they reply or say no?
How this fits with automation
Automatic follow-ups still follow these rules. Good systems build in the sender details, a stop word and a record of who opted out. Our Quote Chaser and Inquiry to Booking are designed that way. You can read more in the privacy policy.
Want to talk it through? Book a 15-minute call. I will not give legal advice, but I can show you how the messages are set up. You can also see what slow follow-up costs with the calculator.
Common questions
Does CASL apply to texts?
Yes. It covers commercial text messages as well as email. The same ideas apply: get consent, say who you are, and give a way to opt out.
Can I email people who gave me their business card?
It depends. Handing over a card can sometimes count as implied consent in limited cases, but the rules are specific. Ask a lawyer before you rely on it.
Do I need consent to reply to a customer's inquiry?
Replying to someone who contacted you is generally treated differently from sending them marketing. Keep the reply on topic and include your details. If you are unsure, check with a lawyer.