You're wrapping up an installation at a customer's home, she's delighted, and you think it would be nice to text her about your maintenance promotion next spring. Then a doubt creeps in: are you allowed to message someone without asking permission first? You may have heard about the "anti-spam law" and its fines, without really knowing whether it applies to you. Rest assured: Canada's Anti-Spam Legislation (CASL) doesn't ban texting your customers. It mainly governs messages that promote your services. Once you understand the difference between replying to a customer and advertising to them, everything becomes much simpler. This guide explains it in plain language for a small business or a self-employed professional in Quebec and the rest of Canada.
CASL in a Nutshell
Canada's Anti-Spam Legislation, known as CASL in English and LCAP in French, is a federal law that came into force on July 1, 2014. It applies everywhere in Canada, including Quebec, and it covers all commercial electronic messages sent to or from a computer or device located in the country.
Despite its nickname, it doesn't only cover email. Text messages (SMS), messages sent on social networks and instant messaging are also covered, since a cell phone number used to receive texts is considered an electronic address under the law.
The Canadian Radio-television and Telecommunications Commission (CRTC) is responsible for enforcing it, along with the Office of the Privacy Commissioner and the Competition Bureau for certain aspects. The CRTC also publishes free, accessible guides on its website, which we recommend you check out.
What Is a Commercial Electronic Message?
Everything revolves around one concept: the commercial electronic message, often shortened to CEM. It's a message where one of the purposes is to encourage the recipient to participate in a commercial activity. An offer, a promotion, an invitation to buy, a discount or an announcement of a new service all fall into this category, even if the rest of the message is purely informative.
On the other hand, a message that isn't trying to sell something isn't a CEM. Confirming a technician's arrival time, answering a question, sending your shop's address or telling a customer their car is ready are exchanges tied to an existing relationship.
So the question to ask before sending a text is simple: does this message respond to something the customer asked for, or is it trying to sell them something new? In the first case, you're generally dealing with the normal logistics of your trade. In the second, CASL fully applies.
- Generally not a CEM: "Hi, this is Tremblay Plumbing. Our technician will arrive around 1 p.m."
- Generally not a CEM: "Your vehicle is ready, you can pick it up before 5 p.m."
- A CEM: "20% off heat pump maintenance this month, book now!"
- A CEM: "We now offer window cleaning, ask for your quote."
The Three Basic Requirements for a Promotional Text
When your text is a commercial electronic message, the law requires three things. The first is having the person's consent, whether express or implied (more on that below). The second is clearly identifying yourself. The third is offering a simple way to unsubscribe.
For identification, the message must state the name of the business sending it and contact information to reach you (mailing address and a phone number, email address or website). In a text, where space is limited, the law allows this information to be placed on a web page that's readily accessible through a link included in the message.
For unsubscribing, the mechanism must be easy to use, free for the person, and remain valid for at least 60 days after the message is sent. An unsubscribe request must be honoured without delay, no later than 10 business days. For a text, replying "STOP" is the most natural way to do it.
- Consent: express or implied, depending on the situation.
- Identification: business name and contact information, directly or through a link.
- Unsubscribe: simple, free, valid for at least 60 days, honoured within 10 business days at most.
Express or Implied Consent: What's the Difference?
Express consent is when the person has clearly agreed to receive your promotional messages. For example, they checked a box on your form themselves, or they replied "yes" to your question "Would you like to receive our promotions by text?" This consent doesn't expire unless the person withdraws it. Be careful: a pre-checked box doesn't count.
When you ask for this consent, the law requires you to state why you're asking, who is asking (your business name and contact information) and that the person can withdraw it at any time. A clear sentence is often enough, such as: "Do you agree to receive offers by text from Gagnon Landscaping? You can unsubscribe at any time by replying STOP."
Implied consent comes from an existing relationship. The law recognizes it in certain specific situations, and it's time-limited. This is often where small businesses slip up, thinking a customer from five years ago can receive promotions forever.
- A purchase, contract or lease with you: implied consent for two years.
- An inquiry or quote request: implied consent for six months.
- A number conspicuously published by a business (for example on its website), with no statement that it doesn't want messages: possible, but only if your message relates to its business activities.
What's Generally Allowed Without Prior Consent
CASL also provides for messages that don't require consent, even if they relate to a commercial activity. This includes, for example, a message that solely provides a quote or estimate requested by the person, or that confirms or facilitates a transaction already agreed to. These messages must still identify you and offer a way to unsubscribe.
The law also excludes certain messages from its scope, such as a simple inquiry sent to a person engaged in a commercial activity, or exchanges between people who have a personal or family relationship. These exemptions are fairly specific. When in doubt, refer to the CRTC's guides or an advisor.
In practice, the vast majority of texts a service business sends in a day are routine exchanges: time reminders, answers to questions, sending a quote, job follow-ups. Caution matters most for mass messages, seasonal promotions and sales follow-ups.
What About When a Customer Just Called You?
Missed calls come with the job. You're on a roof, in the middle of a treatment, under a vehicle or in a meeting, and you can't pick up. That's not a lack of professionalism, it's the reality of a small business. The question is whether you can text back someone who just called you.
In this situation, the customer made the first move by contacting your business about a need. A text like "Hi, this is Roy Electric. Sorry we missed your call. How can we help?" responds directly to their outreach. It isn't promoting an offer: it picks up the conversation the person started.
To stay on the safe side, keep that first text focused on the customer's request, clearly identify your business and immediately honour any request to stop. Avoid slipping a discount or promotion into it. And remember that someone's call doesn't give you the right to add them to a promotional list indefinitely: an inquiry gives six months of implied consent, no more.
- Name your business in the very first message.
- Respond to the request, with no promotional offer.
- Immediately honour a "STOP" or a "please don't text me."
- Keep track of the date of first contact so you know when implied consent ends.
How Alloia Helps You Keep Exchanges Clear
Alloia was designed for that exact moment when you can't answer. Using conditional call forwarding, when a call goes unanswered, the person automatically receives a text sent from your current number. They know their call was received, and the conversation can continue by text when you're available. It doesn't replace your team, it's a helping hand so no customer is left without a response.
That text responds to the call the person just made. You choose its content: you can include your business name and a simple message focused on their request. The exchanges that follow are grouped in a single inbox tied to the business number, rather than scattered across several cell phones. This makes it easier to see when a customer first reached out and to honour a request to stop.
Alloia doesn't make decisions for you. You always decide who you text and why. If you ever want to send promotions, make sure you have the right consent, as you would with any other tool.
Everyday Best Practices to Stay Compliant
CASL is less intimidating once you turn it into a few team habits. What matters is being able to show good faith: the law states that it's up to the sender to prove they had consent. A short note in your customer file can make all the difference.
These habits cost nothing and they also improve your relationship with customers. A customer who only receives useful messages, at the right time, is much more likely to call you back and recommend you.
- Clearly separate your service texts (appointments, quotes, follow-ups) from your promotional texts.
- Ask for express consent when it feels natural: at the end of a job, on your quote form, when booking.
- Note the date and how each consent was obtained.
- Never check a consent box on the customer's behalf.
- Always include the business name and a way to unsubscribe in your promotions.
- Quickly remove numbers that ask to stop, and make sure the whole team knows.
- Clean out contacts whose implied consent has expired (two years after a purchase, six months after an inquiry).
Penalties Under the Law
CASL provides for administrative monetary penalties of up to $1 million per violation for an individual and $10 million for a business. These amounts are maximums, reserved for serious cases. The CRTC considers factors such as the nature of the violation, the business's history, its ability to pay and its cooperation.
For a small business texting its own customers in good faith, the main risk isn't so much the fine as the loss of trust. A customer who feels bombarded with promotions they never asked for may block you, complain or choose a competitor. Respecting CASL is also a way to protect your reputation.
FAQ: SMS Consent and CASL
Does CASL apply to text messages? Yes. The law covers commercial electronic messages, which include text messages (SMS), emails and messages on social networks and instant messaging.
Can I text back a customer who called me? Yes, a text that responds directly to the request of someone who just contacted you is part of the exchange they started. Stay focused on their request, identify your business and honour any request to stop.
How long can I send promotions to a former customer? Without express consent, implied consent lasts two years from their last purchase or contract with you, and six months from a simple inquiry or quote request. With express consent, there's no time limit, as long as the person doesn't unsubscribe.
Does CASL replace Quebec's Law 25? No, the two laws apply together. CASL governs the sending of commercial electronic messages across Canada, while Law 25 governs how businesses in Quebec protect personal information. We've written a separate article on Law 25.
Where can I find more information? The CRTC website, on its page dedicated to Canada's Anti-Spam Legislation, offers guides and FAQs for businesses. For a specific situation, consult a lawyer. This article is for information only and is not legal advice.