CASL and Your Ad Leads: How to Follow Up Legally in Canada
What CASL covers
CASL is Canada's federal law on commercial electronic messages (CEMs). A CEM is an email, text message or similar electronic message that encourages someone to buy, hire or take part in a commercial activity. It applies when a message is sent to or from a computer or device in Canada.
Phone calls are not covered by CASL (they fall under the telemarketing rules), but emails and texts to your leads usually are.
Implied vs. express consent
| Type | How you get it | How long it lasts |
|---|---|---|
| Implied: inquiry | The person asked about your products or services, for example by filling in your quote form or a Facebook lead form | 6 months from the inquiry |
| Implied: existing business relationship | The person bought from you or entered a contract with you | 2 years from the purchase or contract |
| Express consent | The person clearly agreed to receive your messages, for example by ticking an unticked checkbox that describes what they will receive | Until they unsubscribe |
Express consent must be requested clearly and cannot be a pre-ticked box. Keep a record of when and how each person consented.
What every commercial message must include
- The name of your business (and the person sending on its behalf, if different).
- Your mailing address and at least one way to contact you, such as a phone number, email or website.
- A clear, working unsubscribe method at no cost to the recipient.
Unsubscribe requests must be honoured within 10 business days.
A compliant lead follow-up setup
- Form wording: add a short line such as "By submitting, you agree to be contacted about your request by phone, email or text." This supports the inquiry consent and sets expectations.
- Optional marketing checkbox: add an unticked box for ongoing tips or offers. People who tick it give express consent that does not expire after 6 months.
- Tag the date: store the inquiry date in your CRM so automations stop, or switch to asking for consent, before 6 months pass.
- Templates: include your business name, address and unsubscribe link or "reply STOP" in every email and text.
- Records: keep form submissions and consent records. Under CASL, the burden of proving consent is on the sender.
Our lead forms and GoHighLevel follow-up workflows are set up this way by default.
Quebec and privacy laws
CASL covers messaging consent. Privacy laws cover how you collect and use personal information: PIPEDA federally, plus provincial laws such as Quebec's Law 25, Alberta's PIPA and BC's PIPA. Quebec also requires consent before using tracking that can identify people, which affects remarketing pixels. See our Quebec advertising guide.
This guide is general information, not legal advice. For your specific situation, speak with a lawyer.
Frequently asked questions
Can I text a lead who filled in my Google Ads form?
Generally yes. An inquiry gives implied consent under CASL for 6 months, as long as your texts identify your business and offer an easy way to opt out, such as replying STOP.
How long can I email a Facebook lead under CASL?
An inquiry through a Facebook lead form usually gives implied consent for 6 months from the inquiry. To keep emailing after that, ask for express consent or rely on a purchase, which gives 2 years.
Does CASL apply to phone calls?
No. CASL covers electronic messages such as email and text. Phone calls are covered by Canada's telemarketing rules and the National Do Not Call List, with exemptions such as calling someone who made an inquiry.
What are the penalties for breaking CASL?
Administrative monetary penalties can reach up to $10 million per violation for businesses and $1 million for individuals.