Quick answer: Appointment reminders and booking confirmations don't need marketing consent under CASL, as long as they're only about the booking. Promotional texts do. You need express consent, or implied consent from a purchase in the last two years or an inquiry in the last six months. Every promotional text must identify your business and offer a way to unsubscribe, honoured within 10 business days.
Does CASL apply to text messages?
Yes. Canada's Anti-Spam Legislation (CASL) defines an electronic message as "a message sent by any means of telecommunication, including a text, sound, voice or image message". It also lists a telephone account as an electronic address. So a promotional text to a client's phone is treated the same way as a promotional email.
Do I need consent to send appointment reminders?
Generally no. Under section 6(6), the consent rule doesn't apply to a message that "solely" facilitates, completes or confirms a transaction the client already agreed to. A reminder about a booked appointment, a confirmation, or a receipt fits that description. The key word is solely. A reminder that ends with "20% off retail this week!" is now a marketing message and needs consent.
What counts as consent for promotional texts?
- Express consent: the client actively agrees, such as by ticking an unticked box at booking. It lasts until they withdraw it.
- Implied consent from a purchase: valid for up to two years after the client bought a service or product from you.
- Implied consent from an inquiry: valid for six months after the client asked about your services.
If you're ever challenged, you have to prove consent, including when you got it. Keep a record of the date and the method.
What must every promotional text include?
Section 6(2) requires three things: who sent it (your business name), how to contact you, and a working unsubscribe mechanism. On SMS, "Reply STOP to opt out" is the common way to do it. Once someone unsubscribes, you must honour it without delay and no later than 10 business days after the request.
What are the penalties?
The CRTC can issue administrative monetary penalties of up to CA$1 million per violation for an individual and CA$10 million per violation for a business. Those are ceilings: the CRTC weighs factors such as the nature of the violation, past violations and ability to pay. Real penalties are usually far lower, but they aren't worth risking.
A simple checklist for salons
- Keep reminders and confirmations purely about the booking.
- Ask for marketing consent separately for email and for SMS, with an unticked box.
- Record when and how each client opted in.
- Put your salon's name and an opt-out in every promotional text.
- Stop texting a number immediately when it replies STOP.
How Zivly handles this
Zivly stores email marketing consent and SMS marketing consent as separate settings for each client, with the date and method recorded. When a number replies STOP, Zivly stops sending texts to it. If that number later replies START, it isn't silently re-subscribed to marketing; it's flagged for you to review. See Zivly's marketing tools and booking policies.
Sources
- Canada's Anti-Spam Legislation (S.C. 2010, c. 23), sections 1, 6, 11 and 20
- CRTC: guidance on implied consent
- CRTC: frequently asked questions about CASL
- CRTC Compliance and Enforcement Decision 2017-367
This guide is general information, not legal advice. For your specific situation, talk to a lawyer.