SMS and Email marketing in Canada

How to comply with CASL

Aron avatar
Written by Aron
Updated over a week ago

For studios operating in Canada, it's important to be aware of the regulations around Email and SMS marketing.

The following does not constitute legal advice. Please contact a lawyer if you have specific questions about complying with CASL.

Canada's Anti Spam Law (CASL, pronounced 'castle') states that, in order to send any electronic marketing, you must have either implied or express consent. What does that mean?
โ€‹Implied consent: For customers that have had a transaction with you in the past 2 years. After the 2 year mark, it expires and you are no longer able to send them marketing communication.
โ€‹Express consent: The person has given specific consent to allow receive marketing communications from you. This can be either digitally or on paper.

As well as obtaining consent, you also need to include a simple opt out function, and every SMS needs to contain the details of the sender. These details can be on a webpage linked in the message.

If you don't comply with these laws, an individual has the right to pursue action against you, which can result in criminal charges, civil charges, personal liability for company officers and directors, and penalties up to $10 million.

GymLeads helps you stay on the right side of CASL by providing an auto opt-out mechanism, and including a link with your details in every message. It is your responsibility to keep and maintain implied and express consent.

You can read more about CASL at https://www.crtc.gc.ca/eng/com500/faq500.htm

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