CASL checker

How it works

1. 1 Say who you want to message, and how you know them, in one sentence. The pass shows whether you can, why, and for how long.
2. 2 Write or paste the message. The check picks out who it's from, how to reach you and a way to stop, and adds whatever's missing.
3. 3 Get a yes that doesn't run out: a checkbox for your website, words to say at the counter, a text to ask with, and a sign-up sheet to print.

Free, with no account. The answer is worked out on this device, and nothing you type is sent anywhere until you download the sheet. Nothing is kept.

Good to know

Is this legal advice?

No. It's a guide to Canada's anti-spam law, CASL, written from the Act and its two sets of regulations, SOR/2013-221 and SOR/2012-36, with the section behind each answer beside it. Where a reading needs checking it says (verify). If a lot rides on a message, ask a lawyer.

Can I text a reminder about a booking?

Yes. A message that only confirms or completes something a customer already agreed to doesn't need their consent (Act, s. 6(6)), and nor does a quote they asked for, or a warranty, recall or safety notice. It still has to say who it's from and give a way to stop. Add an offer and it becomes marketing, which does need a yes.

Do Instagram and Facebook messages count?

A direct message to someone's account does: the Act covers messages sent to an email, phone or "any similar account" (s. 1(1)). A public post on your own page isn't sent to anyone's account, so it generally isn't covered (verify).

What about phone calls?

CASL leaves out live calls between people, faxes and recorded voice messages (s. 6(8)). Sales calls follow the CRTC's telemarketing rules instead, including the National Do Not Call List, which has its own exceptions for customers you've done business with (verify).

How long does a yes last?

A yes someone gave you lasts until they say stop. A yes the law implies runs out: two years after their last purchase, six months after they asked you something (Act, s. 10(10)). Every new purchase starts the two years again, which is why the pass counts the days.

Can I use a list I bought or was given?

Almost never. The people on it said yes to someone else, not to you. The regulations let a yes collected for a business not named at the time be used by another only if every message names who collected it and lets people stop it (SOR/2013-221, s. 5) (verify). Build your own list instead: it's what the sign-up sheet is for.

Is an abandoned cart a purchase?

No. Nothing was bought, so there are no two years. Someone who left a cart may count as having asked about it, which gives six months, but that reading isn't settled (verify).

Can a customer sue me?

Not under CASL today. The Act has sections letting people take a sender to court, but they were put off in 2017 and haven't come into force (verify). Complaints go to the CRTC, which can fine up to $1 million a violation for a person and $10 million for a business (s. 20(4)).

What proof should I keep?

If anyone asks, it's on you to show the yes (Act, s. 13). Keep the signed sheets, your website form's records with the wording they agreed to and the date, and the YES replies to your texts. Keep them as long as you send to those people, and a few years after (verify).

Do I need French?

CASL doesn't say which language. In Quebec, the Charter of the French language expects business messages in French, so choose French or both there (verify). The French here was written for this tool and kept plain, but have a French speaker read it before you use it.

How do I print the sign-up sheet?

On US Letter, at 100% or “Actual size”. Keep it by the till with a pen. Every row is a yes from one person, in their own hand, with the date: never fill one in for them, and keep each sheet once it's full.