How to Get Recipient Consent to Stay CASL Compliant
To send a commercial text message in Canada, businesses must first obtain valid consent from the recipient. CASL recognizes two types of consent: express and implied.
Express consent means the recipient gave you direct, clear permission to send them messages. It must be opt-in and should state what kind of messages they’re agreeing to receive, who is sending them, and the fact that they can unsubscribe at any time.
Implied consent can apply in certain business relationships. For example, if someone purchased a product from you or made an inquiry, you can send them messages under implied consent for a limited time: Up to two years after the transaction or six months after an inquiry. Consent must be renewed or converted to express after that period.
Under CASL SMS Compliance, you do not need express consent if a customer initiates the text and you're replying with information they requested. This is considered a transactional or inquiry-based message, which is exempt from CASL’s consent requirement. However, if you plan to send commercial messages at a later time, you’ll need to obtain express or implied consent for those.
For more details, visit the Government of Canada’s CASL guidance.
