Compliance · 6 min read
CASL and texting customers: a plain-language guide for home-service businesses
What Canada's anti-spam law means when you text customers about missed calls, quotes and reviews: consent, identification, opt-outs and what to avoid. General information for Ontario trades.
By Srikanth, founder of Scalemint · Updated
Canada's Anti-Spam Legislation (CASL) sets the rules for commercial electronic messages, including text messages and emails. If you text customers about missed calls, quotes or reviews, it's worth understanding the basics. This guide is general information, not legal advice. For your specific situation, speak to a lawyer or see the CRTC's guidance.
1. You need consent
CASL recognises two kinds of consent:
- Express consent: the person clearly agreed to receive messages from you, for example by ticking a box or replying 'yes'.
- Implied consent: created by certain relationships. A customer who bought from you generally gives implied consent for two years after the purchase. Someone who made an inquiry, such as calling for a quote, generally gives implied consent for six months.
2. Identify yourself
Every message must clearly name your business and include a way to contact you, such as your phone number, email or website.
3. Make opting out easy
Each message needs a simple unsubscribe option, such as 'Reply STOP to opt out', and unsubscribe requests must be honoured promptly, within 10 business days at most.
How this applies to common messages
- Missed-call text-back: the person just contacted you, so you're replying to their inquiry. Keep it about their request.
- Quote follow-ups: a customer who asked for a quote is within the inquiry period. Keep follow-ups about that quote.
- Review requests: sent to a customer who just bought from you, about the job you completed.
- Promotions to old lists: be careful. Implied consent expires, and bulk promotional texting to purchased lists is not allowed.
Good habits
- Keep a record of when and how each customer contacted you.
- Use your business name in every message.
- Process opt-outs immediately and never message that number again.
- Don't buy or rent contact lists.
Every message Scalemint sends for a client names the business, goes only to people who contacted that business, and includes an easy opt-out.