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CASL for Small Businesses: Texting and Emailing Customers Legally

Canada's anti-spam law in plain language: when you need consent, how long implied consent lasts, and what every commercial email or text must include.

The Andreon teamOctober 17, 20266 min read

This guide is general information based on the official sources listed below. It is not legal advice.

Text messages and emails are some of the fastest ways to reach customers, and automated customer service makes them easy to send. In Canada, they are also covered by Canada's anti-spam legislation, usually called CASL.

Here is what the law says, in plain language, with section numbers so you can read the source.

What CASL covers

CASL applies to commercial electronic messages: emails, texts and similar messages that encourage someone to take part in a commercial activity, such as a promotion, an offer or an ad. Under section 6, you may only send these messages if you have the recipient's consent, and each message must meet certain content requirements.

Express and implied consent

Consent can be express, where the person clearly agreed to receive your messages, or implied in specific situations set out in the law. One common case is an existing business relationship. Under section 10(10), that includes:

  • A purchase or lease from you within the two years before your message is sent
  • An inquiry or application from the person within the six months before your message is sent

What every commercial message must include

Section 6(2) requires each commercial message to:

  • Identify who sent it
  • Include information that lets the recipient contact you easily
  • Include an unsubscribe mechanism

Unsubscribes must be honoured quickly

Under section 11(3), you must act on an unsubscribe request without delay, and no later than 10 business days after it is sent. You cannot ask the person to do anything more once they have unsubscribed.

What this means for automated customer service

A reply to a question a customer just asked you is a different situation from a promotional blast. Even so, it pays to design for CASL from the start:

  • Keep a record of how and when each customer gave consent
  • Track when implied consent from a purchase or inquiry will expire
  • Put your business name and contact details in every promotional message
  • Make unsubscribing simple, such as replying STOP to a text, and process it automatically

Where Andreon fits

Our automated customer service is built with these rules in mind: consent tracking, clear identification and automatic unsubscribes. Book a free assessment if you want to talk through how texting would work for your business.

Related service: Automated customer service

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