CASL guide for Canada

    Texting Past Customers Under CASL: The 2-Year Rule Explained

    General information, not legal advice. This guide explains the general rules in plain language so you know what to ask. Amplified Marketing is not a law firm, reading this guide does not create a lawyer-client relationship, and nothing here guarantees that any campaign complies with the law. The details of your list and your business matter, and the rules can change. Consult a licensed lawyer who knows Canada's Anti-Spam Legislation (CASL) and the telemarketing rules before you message anyone. Every rule below links to the official source. Rules are current as of the draft date above.

    Last updated: October 30, 2026

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    Texting past customers under CASL: the short answer

    Texting past customers under CASL is allowed when you have their consent, and for most local service businesses that consent comes from a purchase in the last 2 years or an inquiry in the last 6 months.

    Outside those windows, you need express consent. That means the person clearly said yes to your messages.

    The reason why this matters is that under CASL, you carry the burden of proving consent, not the customer (CASL s.13). If a complaint comes in, you have to show your records.

    Here is the short version:

    • CASL covers text messages, not only email (CRTC CASL FAQ).
    • Every marketing text needs consent, identification, and an unsubscribe option (CASL s.6).
    • A purchase gives you implied consent for 2 years. An inquiry gives you 6 months.
    • You can't send a text asking for consent if you don't already have consent.
    • Phone calls follow different rules, the National Do Not Call List (DNCL), with different time windows.

    Let's go through each one.

    Does CASL apply to texts?

    Yes. CASL calls a marketing message a "commercial electronic message." The law's definition of an electronic message includes text, sound, voice or image messages, and an "electronic address" includes a phone account (CASL s.1(1)). The CRTC confirms SMS is covered (CRTC CASL FAQ).

    What that means is a text offering a tune-up, a seasonal deal, or "we have openings this week" is a commercial electronic message. So are emails. Social media direct messages can be too. The CRTC says messages sent through a platform's direct messaging system, like Facebook Messenger or LinkedIn messaging, count as messages to an "electronic address," while a general public post usually does not (CRTC CASL FAQ).

    CASL applies when a computer system in Canada is used to send or access the message (CASL s.12(1)). So a US business texting customers in Canada is also covered, because the customer reads the text in Canada. The CRTC says messages sent to people in Canada from other countries must comply (CRTC CASL FAQ).

    Rule 1: Implied consent from an existing business relationship

    Most of your past customers fall under implied consent. CASL calls this an "existing business relationship" (CASL s.10(9) and 10(10)). You have one if the person:

    • Bought or leased something from you in the 2 years before the day you send the message
    • Has a written contract with you that is still active or ended in the last 2 years
    • Made an inquiry or application in the 6 months before the day you send the message

    The CRTC says the period runs from the last transaction date (CRTC Guidance on Implied Consent). So every new purchase starts a new 2-year window.

    For example, say a homeowner had their roof inspected and paid for it on March 1, 2025. You can rely on implied consent to text them until about March 1, 2027. If they book another job in between, the clock starts again from that job. If they only asked for a quote and never booked, you have 6 months from the quote request. A quote request is an inquiry about buying a service, which fits the wording of the inquiry rule (CASL s.10(10)(e)). Keep a record of the date. The Act counts back from the day you send: the purchase has to fall within "the two-year period immediately before the day on which the message was sent" (CASL s.10(10)(a)). To avoid edge cases, don't plan sends for the last few days of a window. For ongoing plans, like a maintenance subscription, the 2 years start when the plan ends (CASL s.10(14)).

    A few things to know:

    • An abandoned cart is not a purchase. The CRTC says so directly (CRTC CASL FAQ).
    • If you buy a business, its existing business relationships move to you (CASL s.10(12)). Buying only a contact list does not (CRTC Guidance on Implied Consent).
    • Implied consent ends. Once the window closes, you can't keep texting that person unless you got express consent.

    Rule 2: Express consent never runs out

    Express consent is when a person clearly opts in. It doesn't expire. It lasts until they unsubscribe or otherwise tell you to stop (CRTC Guidance on Implied Consent).

    When you ask for express consent, you have to say why you're asking and who is asking (CASL s.10(1)). The CRTC's regulations say the request can be spoken or written, and it must include (Electronic Commerce Protection Regulations (CRTC), s.4):

    • Your business name
    • Your mailing address, plus a phone number, email address or website
    • A statement that the person can withdraw consent

    The CRTC says a pre-checked box does not count. The person has to take the action themselves (CRTC CASL FAQ). Keep a record of how and when each person said yes.

    Rule 3: You can't text to ask for consent

    This is the one that catches people.

    Under CASL, a message asking for consent is itself a commercial electronic message (CASL s.1(3)). The CRTC says an electronic message asking for express consent is not a way to get it unless you already have consent to send that message (CRTC Guidance on Implied Consent).

    What that means is you can't text a customer from 4 years ago saying "Can we send you offers? Reply YES." That text needs consent too, and you don't have it.

    So the move is to ask for express consent while implied consent is still active. For example, a customer who bought 18 months ago still has 6 months of implied consent left. You can text them an offer and include a clear way to opt in for ongoing messages.

    For people outside the window, ask in ways that aren't electronic messages, like in person, on a paper invoice at their next job, or on your website form when they come back. The rule in s.1(3) covers electronic messages, so these methods are not caught by it (CASL s.1(3)). Any consent request still needs the information listed in Rule 2. A phone call asking for consent is outside CASL, but the telemarketing rules below may apply to it. Your lawyer can tell you which methods fit your business.

    Rule 4: Messages that don't need consent

    Some messages are exempt from the consent rule, but they still need identification and an unsubscribe option (CASL s.6(6)). The exemption only works if the message does solely one of these things. These include:

    • A quote or estimate the person asked for
    • A message that facilitates, completes or confirms a purchase or transaction they already agreed to
    • Warranty, recall, safety or security information about something they bought

    A reminder about a job the customer already booked will often fit the second item, since it helps complete a transaction they agreed to (CASL s.6(6)(b)). That only holds if the reminder does nothing else.

    Be careful here. Adding a promotion to a "your appointment is confirmed" text can turn it into a marketing message.

    Rule 5: Identify yourself in every text

    Each commercial text has to identify who sent it and how to reach them (CASL s.6(2)). The regulations say it must include (Electronic Commerce Protection Regulations (CRTC), s.2):

    • Your business name
    • Your mailing address
    • A phone number, email address or website

    If that doesn't fit in a text, you can include a clear link to a web page that has it (s.2(2)). The contact info has to stay valid for at least 60 days after you send (CASL s.6(3)).

    Rule 6: Make it easy to unsubscribe

    Every commercial text needs a free, simple way to unsubscribe, using the same channel (CASL s.11(1)). For texts, the CRTC says replying "STOP" works (CRTC CASL FAQ).

    You have to:

    • Keep the unsubscribe option working for at least 60 days after you send (s.11(2))
    • Stop messaging them within 10 business days (s.11(3))

    This applies no matter how they ask. If they say "stop texting me" in an email or on a call, that counts too (CRTC Guidance on Implied Consent).

    What happens if you get it wrong?

    The CRTC enforces CASL. The Act allows penalties up to $1 million per violation for an individual and $10 million per violation for a business (CASL s.20(4)). Those are maximums, not typical amounts. The CRTC sets each penalty using factors listed in the Act, like the nature and scope of the violation and past history (CASL s.20(3)). These figures are current as of the draft date and can change.

    CASL was written with sections that would have let people sue directly. Those sections, 47 to 51, were repealed before they ever came into force (CASL ss.47 to 51). So today there is no private right of action under CASL. Enforcement comes from the CRTC.

    Phone calls follow different rules: the National DNCL

    If your dedicated SDR calls past customers, CASL is not the main law. The CRTC says live and automated telemarketing calls fall under the Unsolicited Telecommunications Rules, not CASL (CRTC CASL FAQ).

    Under those rules (CRTC Unsolicited Telecommunications Rules):

    • You can't make a sales call to a number on the National Do Not Call List without express consent, unless an exemption applies.
    • One exemption is an existing business relationship, as long as the person hasn't asked you not to call (Telecommunications Act s.41.7).
    • If you call numbers on the list under consent or with no exemption, you have to subscribe to the National DNCL, pay the list fees, and use a version of the list no more than 31 days old (Part II, ss.6, 7 and 13).
    • Even when every call is exempt, you still have to register with the National DNCL operator before you call (Part III, ss.1 to 3). You also have to keep your own do not call list, add requests within 14 days, and keep them for 3 years and 14 days (Part III, ss.8 to 13).
    • Calls are allowed 9:00 a.m. to 9:30 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on weekends, in the customer's time. If a province has stricter hours, those apply (Part III, ss.23 and 24).
    • The caller must say who they are and who they're calling for, and display a phone number (Part III, ss.16 and 25).
    • Prerecorded or synthesized voice sales messages need express consent, even when an exemption applies (Part IV, ss.1 and 2).

    The windows are different for calls

    This is easy to miss. For calls, the existing business relationship lasts 18 months after a purchase and 6 months after an inquiry (Telecommunications Act s.41.7(2)). For texts under CASL, it's 2 years and 6 months.

    So a customer who bought 20 months ago might be fine to text but not fine to call if they're on the National DNCL.

    What to do with your list this week

    Here's a plain plan. Do it with your lawyer, not instead of one.

    Step 1: Pull your data. For each contact, get the last purchase date, the last inquiry date, any express consent and how you got it, and any unsubscribes.

    Step 2: Remove anyone who unsubscribed. Don't message them.

    Step 3: Sort by date, counting back from the day you plan to send.

    • Group A: Express consent on record. You can text them with identification and an unsubscribe option.
    • Group B: Bought in the last 2 years, or a contract active or ended in the last 2 years. You can rely on implied consent. Use this window to ask for express consent.
    • Group C: Inquired in the last 6 months but never bought. Same as Group B, with a shorter clock.
    • Group D: Everyone else. Don't text or email them marketing messages, and don't text or email them to ask for consent. Ask in ways that aren't electronic messages, like in person, on paper, or when they come back to your website (see Rule 3). If you call to ask, the telemarketing rules apply.

    Step 4: Check calls separately. If your dedicated SDR will call, check each number against the National DNCL and apply the 18-month and 6-month windows.

    Step 5: Write a clean first message. Name your business, say why you're reaching out, include contact info or a link to it, and say how to stop.

    For example:

    Hi Priya, it's Sam from Lakeside Plumbing. We fixed your water heater last spring. We have tune-up spots open this month if you want one. Info: lakesideplumbing.ca/contact. Reply STOP to unsubscribe.

    Step 6: Keep records. Save the date, the consent type, and the message for every contact.

    Here's a useful one. When a past customer replies with a real question about buying a service, that likely counts as a new inquiry under the Act's wording and starts a new 6-month window (CASL s.10(10)(e)). A reply like "thanks" or "STOP" does not. The CRTC hasn't addressed this exact case, so note the date and what they asked, and use the reply to ask for express consent.

    How this fits into your growth plan

    Texting past customers is one piece of a bigger plan. At Amplified Marketing, our Growth Partnership runs paid ads and SEO to bring in new leads, with a dedicated SDR who follows up with every lead and books the ones who are ready. Reactivating past customers is one feature inside that.

    The reason why we build it this way is that implied consent runs out. Your old list shrinks every month. New leads from ads and search keep coming in, and the forms can ask for clear express consent from the start.

    Before any reactivation campaign, we go through your list and consent records with you and confirm the scope in writing. We are not your lawyers, and your lawyer should sign off on the plan.

    Want to see how it works? Book a call.

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    FAQ

    Can I text my past customers in Canada?

    Yes, if you have consent. A purchase in the last 2 years or an inquiry in the last 6 months gives you implied consent (CASL s.10(10)). Every text still needs identification and an unsubscribe option.

    What is the CASL 2-year rule?

    If someone bought from you, you have implied consent to send them commercial messages for 2 years from that purchase. Each new purchase starts the 2 years again (CRTC Guidance on Implied Consent).

    What is the 6-month rule?

    If someone asked about your services or applied for something but didn't buy, you have implied consent for 6 months from the inquiry (CASL s.10(10)(e)).

    Can I text old customers to ask if they want to hear from me?

    Not if your implied consent has run out. A message asking for consent counts as a commercial message under CASL (s.1(3)), so it needs consent too.

    Does express consent expire?

    No. It lasts until the person unsubscribes or tells you to stop (CRTC Guidance on Implied Consent).

    Does CASL cover phone calls?

    No. Telemarketing calls fall under the CRTC's Unsolicited Telecommunications Rules and the National DNCL (CRTC CASL FAQ). For calls, the existing business relationship lasts 18 months after a purchase and 6 months after an inquiry.

    How fast do I have to process an unsubscribe?

    Within 10 business days (CASL s.11(3)).

    Do privacy laws apply too?

    Yes. Federal and provincial privacy laws also cover how you collect and use contact info. The CRTC points to the federal privacy law, PIPEDA (CRTC Guidance on Implied Consent). Alberta, British Columbia and Quebec have their own private-sector privacy laws that generally apply instead of PIPEDA to activity inside those provinces (Office of the Privacy Commissioner of Canada). Quebec's law was significantly updated by the law known as Law 25, so if you have customers in Quebec, ask your lawyer about it.

    What questions do you have? Book a call and we'll walk through it.

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