CASL and Your Ad Leads: How to Follow Up Legally in Canada
- Day 0
Lead submits your form
They asked you for a quote. You can reply with the quote and answer their questions.
- Up to 6 months
Implied consent from the enquiry
You can send relevant commercial messages, with your identity and an unsubscribe link.
- If they buy
Up to 2 years after the purchase
A purchase creates an existing business relationship and a longer window of implied consent.
- Any time
Express consent lasts until withdrawn
If they ticked a clear opt-in box, you can keep marketing until they unsubscribe.
Why CASL matters for Google and Facebook leads
When you run Google Ads, Local Services Ads or Facebook lead ads, you collect names, emails and phone numbers. Following up quickly by email and text is one of the best ways to win the job. But in Canada, how you follow up, and how long you keep messaging those leads, is governed by Canada’s Anti-Spam Legislation (CASL).
CASL is enforced by the CRTC and is one of the strictest anti-spam laws in the world. Penalties for businesses can reach up to $10 million per violation. Most local businesses will never face that, but the rules are simple enough to follow properly from the start.
What CASL covers and what it does not
Covered by CASL
- Marketing emails and newsletters
- Text messages (SMS)
- Direct messages on social media
- Automated follow-up sequences
- Review requests that also promote offers
Not covered by CASL
- Ordinary voice phone calls (covered by the CRTC’s telemarketing rules)
- Messages with no commercial purpose
- Purely transactional messages about an existing job, such as appointment confirmations
CASL applies to commercial electronic messages: messages that encourage someone to buy, or take part in, a commercial activity. A message confirming tomorrow’s appointment is not a sales message. A message offering 15% off a maintenance plan is.
The three things every commercial message needs
- Consent. Express or implied, unless an exemption applies.
- Identification. Your business name, and who is sending on whose behalf if different.
- Contact information and an unsubscribe mechanism. A mailing address plus a phone number, email or web address, and a simple way to opt out that works for at least 60 days after sending. You must honour unsubscribes within 10 business days.
Replying to a lead: what is allowed
When someone fills in your form asking for a quote or information, you are responding to their request. In practice:
- Sending the quote or estimate they asked for is exempt from the consent requirement. It should still identify your business.
- Answering their questions about the request is fine.
- Calling them is a voice call, not covered by CASL. Telemarketing rules include exemptions when someone has made an enquiry.
The enquiry also creates implied consent to send other commercial messages for a limited time, as long as each message includes identification and an unsubscribe option.
Implied vs. express consent
| Implied consent | Express consent | |
|---|---|---|
| How you get it | An enquiry, an application or a purchase (existing business relationship) | The person actively agrees, for example by ticking an unticked box |
| How long it lasts | About 6 months after an enquiry; about 2 years after a purchase or contract | Until they withdraw it |
| Proof | Records of the enquiry or purchase date | Records of when, where and how they agreed |
| Best for | Short-term follow-up and nurturing | Newsletters, seasonal offers, long-term marketing |
The practical takeaway: implied consent from an ad lead expires. If you want to send seasonal offers a year later, you need express consent, or a purchase that restarted the clock.
How to ask for express consent on your forms
A valid express consent request:
- Is a separate, optional choice, never pre-ticked
- Names your business (and any partner sending on your behalf)
- Describes what they will receive, for example offers and tips
- States they can withdraw consent at any time
- Is recorded with the date, time, form and wording shown
Your Business
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A CASL-friendly follow-up sequence
Example first text: “Hi Sam, this is Maple Plumbing. We got your request for a water heater quote and will call you in the next few minutes. Reply STOP to opt out.”
Form: Water heater replacement
“Hi {{contact.first_name}}, thanks for your request! We’ll call you in the next few minutes.”
Text + email to the on-call team
Pipeline: New leads › Stage: Contacted
If no call is logged, send a reminder
Example workflow. The lead gets a text within seconds, and your team is alerted before the lead has closed Facebook.
Record-keeping and common mistakes
Under CASL, the business sending the message has to prove it had consent. Keep:
- The lead source and date (Google Ads form, Facebook lead form, LSA message)
- Whether express consent was given, with the wording shown
- Purchase dates for customers
- Unsubscribe requests and the date you processed them
Common mistakes
- Pre-ticked consent boxes, which do not count as express consent.
- Uploading every lead ever collected into a newsletter years later.
- Texts with no business name and no opt-out option.
- Unsubscribes that take weeks, or do not reach every system that sends messages.
- Buying email or phone lists.
Frequently asked questions
Can I email someone who filled out my Google Ads form?
Yes. You can reply to their request, and sending the quote or information they asked for is exempt from the consent requirement. Their enquiry also gives implied consent for about six months, with identification and an unsubscribe in each commercial message.
Does CASL apply to phone calls?
No. CASL covers electronic messages like email, text and direct messages. Voice calls fall under the CRTC’s telemarketing rules, which include the National Do Not Call List and exemptions for recent enquiries.
How long does implied consent last under CASL?
Generally about six months after an enquiry or application, and about two years after a purchase or contract. Express consent lasts until the person withdraws it.
How fast do I have to process unsubscribes?
Within 10 business days, and the unsubscribe mechanism must work for at least 60 days after the message is sent.
Do text messages need an unsubscribe option?
Yes. Commercial text messages need identification and a way to opt out, such as “Reply STOP to opt out.”