CASL Email Requirements: Consent, Identification and Unsubscribe

Express or implied consent

Express consent is a clear yes, such as a subscriber filling in your sign-up form. It does not expire until the person withdraws it.

Implied consent comes from an existing business relationship and has an end date. Under section 10(10), a purchase or contract counts if it was made within the two-year period before the message is sent, and an inquiry or application counts if it was made within the six-month period before the message is sent. After that, you need express consent to keep emailing.

What every message must include

• The name of the person or business sending the message, and on whose behalf it is sent if different.
• Contact information that lets the recipient reach the sender, including a mailing address.
• An unsubscribe mechanism that is easy to use and costs nothing.

Unsubscribe deadlines

The unsubscribe address or web page must remain valid for at least 60 days after the message is sent (section 11(2)), and an unsubscribe request must be given effect without delay and no later than 10 business days after it is sent (section 11(3)).

Penalties

The maximum administrative monetary penalty for a violation is $1,000,000 for an individual and $10,000,000 for any other person, such as a business (section 20(4)).