Canada’s Anti-Spam Legislation (CASL) is one of the strictest in the world, and it applies to commercial text messages just like it does to email. If you’re a small business using SMS marketing, here’s what you need to know in plain English.
You need consent before texting anyone. CASL requires either express consent (the person explicitly opted in) or implied consent (they’re an existing customer with a recent transaction). Express consent never expires; implied consent lasts two years from the last purchase or one year from an inquiry.
Every message must include your business identity and an unsubscribe mechanism. This means your texts need to say who they’re from, and recipients must be able to reply STOP or follow a link to opt out.
Keep records of consent. If someone complains, you need to prove they opted in. Save the date, time, and method of consent for every subscriber.
Transactional messages are generally exempt. Appointment confirmations, order updates, and shipping notifications don’t require marketing consent — but don’t sneak promotional content into transactional messages.
The CRTC’s Unsolicited Telecommunications Rules also apply. The national Do Not Call List (DNCL) doesn’t cover SMS directly, but the CRTC can still investigate complaints about unwanted commercial texts.
Penalties are serious: up to $1 million per violation for individuals and $10 million for businesses. The good news is that compliance is straightforward if you follow the basics: get consent, identify yourself, and make it easy to opt out.
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