Texting Customers in Canada: CASL in Plain English

If you run a small service business in Canada and you text customers, CASL applies to you. Not just to big email senders. Texts count. The good news is that for a business texting its own customers, the rules are mostly common sense written down. This is a plain-English walk-through, not legal advice. Where a rule matters, the actual government page or the Act is linked so you can read it yourself.

First, what CASL actually covers

CASL is short for Canada's Anti-Spam Legislation. The government's own plain-language site says it covers commercial electronic messages, which are messages that encourage someone to take part in a commercial activity. The government's overview page is explicit that this includes email, social media and text messages.

So the question is never "is texting allowed." It's "is this particular text commercial, and do I have consent to send it."

Commercial text or transactional text

A commercial text is one that, read fairly, is trying to get someone to buy something, book something, or do business with you. "We've got a fall furnace tune-up special" is commercial. So is "leave us a review," in most readings, because it promotes your business. Treat review asks as commercial and you'll never be caught out.

A transactional text is about a job that's already happening or already done. The Act itself, in section 6(6), lists messages that don't need consent because they solely do things like:

• give a quote or estimate the person asked for
• complete or confirm a transaction the person already agreed to
• pass on warranty, recall or safety information about something they bought
• give information about an ongoing purchase, subscription or account

In practice: "Running twenty minutes late, sorry" is transactional. "Your invoice is attached" is transactional. "The part is in, want to book the install" is close to the line, and it's easier to treat it as commercial and make sure you're covered anyway. Note the word "solely" in the Act. A transactional text with a sales pitch tacked on the end is a commercial text.

Consent: the 24-month rule

You need consent to send a commercial text. There are two kinds.

Express consent is when someone said yes. Verbally or in writing. Per the government's consent page, express consent has no expiry unless the person withdraws it. Keep a note of when and how they agreed.

Implied consent is the one that matters for most trades and service businesses. If you have an existing business relationship with someone, consent is implied for a while. The same government page puts it plainly: implied consent may be valid for up to two years after a purchase, or just six months after an inquiry or application. The actual wording is in section 10(10) of the Act: a purchase, lease or contract within the two-year period before the day the message is sent, or an inquiry within the six-month period before it.

Translated for a one-truck business:

• Someone paid you for a job. You can text them commercial messages for 24 months from that job.
• Someone asked for a quote and didn't book. You have six months.
• They book another job later. The clock restarts from the new job.
• The clock runs from their last transaction, not from when you first met them.

Two things people miss. First, the burden is on you. If you can't say when the relationship started, you can't rely on implied consent, so keep your invoices and your booking records. Second, implied consent is a window for reasonable contact, not a licence to text weekly for two years. More on that below.

What every commercial text has to contain

Consent gets you the right to send. Section 6(2) of the Act then says the message itself has to identify who sent it, give a way to contact you, and include an unsubscribe mechanism. The CRTC's Electronic Commerce Protection Regulations spell out the identification part: the name you carry on business under, your mailing address, and one of a phone number, email address or web address.

That's a lot for 160 characters. The regulations allow for it. Section 2(2) says if it's not practicable to include the information in the message, it can sit on a web page that's readily accessible, reached by a link that's clearly set out in the message. So a short text with your business name and a link to a page with your address and contact details is the normal way to do it.

The government's texting page is blunt about the first part: include your business name in commercial texts. A text from a bare number that doesn't say who it's from is both a CASL problem and a good way to get ignored.

Unsubscribe and STOP

Section 11 of the Act says the unsubscribe method has to stay valid for at least 60 days after the message is sent, and you have to act on the request within 10 business days. The regulations add that it has to be something the person can readily do.

For texts, the whole world has settled on one word: STOP. The government's texting page says it directly: when you receive a STOP from a customer, respect it. The carrier-side rulebook most texting platforms are built around, the CTIA's Messaging Principles and Best Practices, expects senders to honour STOP and similar plain-language opt-outs regardless of capitalisation.

What that means for you:

• Put "Reply STOP to opt out" in your commercial texts. It costs a few characters.
• If someone replies STOP, or "stop," or "please don't text me," they're out. Don't argue, don't ask why.
• Ten business days is the legal maximum. Do it the same day. If you send texts by hand from your phone, that means a note in your customer list. If you use software, it should do it automatically.
• A STOP applies to commercial texts. You can still text them "we're on our way" for a job they've booked. Use judgment. If they seem done with you entirely, leave them be.

What to put on your invoice

The invoice is where a lot of this gets tidy for free. It's already got your business name, mailing address, phone and email on it, which is exactly the identification CASL wants. Add one line near the bottom, something like:

We may text or email you about your job and, occasionally, about our services. Reply STOP to any text, or email us, and we'll take you off the list.

That line doesn't turn implied consent into express consent on its own. But it tells the customer what to expect, it documents that you told them, and it points at the way out. If you want express consent, which lasts until withdrawn instead of 24 months, add a plain tick box: "Yes, you can text me about future services." Unticked by default. Keep the signed copy.

The "don't be a pest" limits

CASL doesn't set a number of texts per month. That's on you. The government's texting page says to text sparingly with a clear purpose, and to watch your unsubscribe rate as a warning sign. In our experience a customer who just had you out for a job is fine with a handful of texts over the following year, as long as each one has a reason: thanks for the job, would you leave a review, do you know anyone who needs this done, it's about time for the next service. The customer who gets a "special offer" every second Tuesday will STOP you, and they'll be right to.

A few habits that keep you out of trouble and, more to the point, keep customers on your side:

• One review ask per job. Not three.
• Send during business hours. Nobody wants a furnace reminder at 10 pm.
• Write like a person. The nice kind. Something like: "Thank you for having us out, Jennifer. If you've got a minute, an honest review would mean a lot - your word in the community helps people trust us, because you did."
• Track the last-job date per customer. When it passes 24 months with no new work, stop the commercial texts unless they've given express consent.
• If a customer replies with a question, answer it. That's a conversation, not a campaign.

The penalties for the worst cases are real. The government's overview page says they can reach $1 million for individuals and $10 million for businesses. Nobody is chasing a plumber who sent a thank-you text. But the rules are the same size for everyone, so it's worth getting the basics right.

The short version

1. Texts count under CASL.
2. A paid job gives you 24 months of implied consent. A quote request gives you six.
3. Every commercial text says who it's from, links to your contact details, and offers a way out.
4. STOP means stop. Same day.
5. Send a few texts with a reason. Not many texts with an offer.

If you'd rather read the source than take our word for it, the government's CASL site is written for normal people, and the Act is shorter than you'd think. If your situation is unusual, ask a lawyer. This page isn't one.

If you'd rather not run the calendar yourself: Ask Every Customer texts every customer after a job in your business's name. A check-in, a thank-you card, one honest review ask, a referral ask three weeks on, and a come-back reminder when it's time. Every text carries your name and a STOP. $2 a customer, first five free, card on file, and a customer counts once a year. askeverycustomer.com