Texting Canadian customers: CASL rules for SMS marketing

An overview of Canada's Anti-Spam Legislation as it applies to marketing texts: express and implied consent, identification and unsubscribe requirements.

·2 min read

US businesses with Canadian customers sometimes assume US rules cover everything. Canada's Anti-Spam Legislation, known as CASL, applies to commercial electronic messages sent to people in Canada, including texts.

This is a general overview, not legal advice. If Canada is an important market for you, confirm the details with counsel.

Consent under CASL

CASL requires consent for commercial messages. Express consent is given when someone actively agrees, for example by checking an unchecked box, and it does not expire until they withdraw it. Implied consent can arise from an existing business relationship, such as a recent purchase or inquiry, but it is time-limited, so plan to convert implied consent into express consent.

What each message must include

Commercial texts must identify the sender and give a way to contact them, and must include a simple unsubscribe mechanism. Unsubscribe requests must be honored promptly, within the time limit the law sets. Keeping messages short does not exempt them from these requirements, so identification and opt-out instructions should be part of your template or easily reachable through a link.

  • ✓Identify your business.
  • ✓Provide contact information or a link to it.
  • ✓Include a working unsubscribe method.
  • ✓Process opt-outs promptly.

Practical steps

Tag contacts by country, record how and when each Canadian contact consented, and keep separate templates if needed. Remember that Canadian numbers and carriers have their own registration and delivery considerations, so check that your provider supports texting Canadian numbers properly.

Key takeaways

  • →CASL covers marketing texts to people in Canada.
  • →Express consent lasts until withdrawn; implied consent expires.
  • →Every message must identify you and offer an unsubscribe.
  • →Record consent details for each Canadian contact.

Put this into practice with Text2Sale

Import leads, create follow-up campaigns, organize replies, and connect texting, calling, and appointments in one workspace.

Frequently asked questions

Does CASL apply to US businesses?

It applies to commercial messages accessed by people in Canada, regardless of where the sender is based.

Are transactional texts covered?

Some messages, like certain transactional notices, have exemptions, but the identification rules can still apply. Check with counsel.

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