Lead Recovery Consent and Compliance
Lead recovery consent and compliance concerns which contacts may be approached and how messages are handled for businesses in Canada and the US. Requirements depend on the situation and the communication channel.
Canada
Canada's Anti-Spam Legislation (CASL) applies to commercial electronic messages. Express consent and implied consent are different bases, and implied consent can be time-limited and depends on the relationship and circumstances. An existing CRM record alone does not establish consent. Canada's National Do Not Call List and the CRTC telemarketing rules also need consideration for calls, including applicable exemptions and obligations.
Official sources: CRTC CASL guidance; CRTC telemarketing and DNCL rules; Canada's National DNCL; FCC robocalls and texts rules; FCC 2024 AI voice ruling; US National Do Not Call Registry.
United States
The Telephone Consumer Protection Act (TCPA) applies alongside the US National Do Not Call Registry and applicable state rules. The FCC's 2024 ruling treats AI-generated voices as artificial or prerecorded voices for TCPA purposes. Prior express consent requirements apply to AI or prerecorded voice calls, subject to applicable exceptions; telemarketing calls covered by these rules require prior express written consent. The purpose, number called and method of contact matter.
Official sources: CRTC CASL guidance; CRTC telemarketing and DNCL rules; Canada's National DNCL; FCC robocalls and texts rules; FCC 2024 AI voice ruling; US National Do Not Call Registry.
Records and message handling
Review enquiry dates, consent records, communication preferences and known opt-outs before outreach. Every message identifies your business and includes an easy way to opt out. Agreed scripts and human handoff do not replace eligibility checks.
This is general information, not legal advice. Requirements depend on the situation. Review the buyer FAQ on Canada and US contact rules, AI calling, SMS and chat and the preparation for the Lead Recovery Campaign.
Explore the 14-day Lead Recovery Campaign and learn more about setup and onboarding for your business.
Frequently Asked Questions
Will AI texting annoy my past customers?
It can if a message is unexpected or irrelevant. We review consent and contact history, use scripts you approve, identify your business and include an easy opt-out. Questions or concerns that need a person go through the agreed human handoff. A past relationship alone does not permit every message.
Is texting old leads legal in Canada and the US?
It depends on the message, channel, recipient and consent records. Canada's CASL requires express or valid implied consent for commercial electronic messages. US TCPA requirements apply to covered calls and texts. An old CRM record is not permission by itself. Review the proposed contact approach with a qualified adviser before outreach.
In Canada, calls also need review under Canada's National Do Not Call List and the CRTC Unsolicited Telecommunications Rules. In the US, the TCPA covers autodialed and prerecorded or artificial voice calls and texts. The FCC's 2024 ruling confirms AI-generated voices count as artificial voice. Prior express consent applies to covered AI or prerecorded voice calls, subject to applicable exceptions, and covered telemarketing requires prior express written consent. The US National Do Not Call Registry and state rules also matter. Requirements depend on the situation. This is general information, not legal advice.
Official sources: CRTC CASL guidance; CRTC telemarketing and DNCL rules; Canada's National DNCL; FCC robocalls and texts rules; FCC 2024 AI voice ruling; US National Do Not Call Registry.
What if the AI says something wrong?
The AI follows scripts and questions you approve, rather than deciding what advice your business should give. Questions outside that script, including pricing or technical advice, go to your team through the agreed human handoff. Conversations are reviewed with you so the reply and its context can be discussed.