A commercial text is a commercial electronic message and needs consent, identification and an unsubscribe route. Transactional messages such as appointment reminders sit differently, and the line between the two is where businesses drift.

The channel does not change the rule

Canadian anti-spam legislation applies to commercial electronic messages, and that includes text messages, not just email.

Businesses drift here because texting feels personal. A message typed from a phone to a customer you know reads like a conversation rather than a campaign, and the legislation does not draw the line where instinct does.

The test is the content and purpose of the message, not the tool or the tone.

What makes a message commercial

Whether, considered as a whole, it is reasonable to conclude that one of its purposes is to encourage participation in a commercial activity.

Clearly commercial: an offer, a promotion, a new service announcement, a request for a review, or a nudge to book again.

Generally not: an appointment reminder for a booking already made, a notification that a job is complete, a delivery update, a quote you were asked for, or a response to an enquiry.

The drift happens at the edges. An appointment reminder that also mentions a seasonal special has acquired a commercial purpose, and the whole message is then treated accordingly.

Which is a practical argument for keeping the two kinds of message separate rather than efficient.

Consent

Two kinds, and the difference matters.

Express consent is given deliberately, does not expire, and has to be obtained without being bundled into something else. Consent buried in terms and conditions, or gathered by a pre-ticked box, is not what the legislation contemplates.

When you ask for it, you have to say who is asking, what they are consenting to receive, and that consent can be withdrawn.

Implied consent arises in defined circumstances, including an existing business relationship such as a recent purchase or enquiry, and it is time-limited rather than permanent.

Relying on implied consent means tracking when it started and when it lapses, which is administrative work most small businesses do not do. Express consent avoids that entirely, which is the argument for asking properly once.

A number given for one purpose is not consent for another. Somebody who provided a mobile number so the technician could text on arrival has not agreed to receive promotions.

What every commercial message needs

Text is unforgiving here, since there is no room for a footer. The workable pattern is the business name in the message, a short link to a page carrying the contact details, and a plain stop instruction.

Unsubscribe requests have to be actioned promptly, within a period set by the legislation, and the mechanism has to remain usable for a period after the message is sent.

Honouring a stop keyword is not optional and should be automatic rather than a manual step somebody performs when they get round to it.

Why the exposure is real

The legislation carries substantial administrative monetary penalties, and enforcement has included small and mid-sized businesses rather than only large senders.

There is also a due diligence defence available to an organisation that can show it took reasonable steps, which is only available if the steps exist and are documented.

That is the practical reason to keep records: what consent was obtained, when, how, and what the person was told at the time.

Practical arrangements

What a small business should actually do.

Use a proper messaging platform rather than a personal phone for anything commercial, since platforms handle opt-outs, keep records, and stop you texting somebody who has left.

Keep two separate lists, or two separate message types, so transactional and marketing never merge.

Ask for consent at a natural moment, such as at booking or completion, stating plainly what will be sent and how often.

Send rarely. The channel is intrusive, tolerance is low, and a business texting weekly will lose the list regardless of compliance.

The question worth asking

Before any text goes out: did this person agree to receive this kind of message, and can I show it.

If the answer to either half is uncertain, the message is a risk, and the fix is asking properly rather than sending and hoping.

This is general information rather than legal advice, and the regulator publishes guidance covering exactly these questions. The same consent thinking applies to any list you build, which is covered in CASL: what Canadian businesses actually have to do.

Frequently asked questions

Does anti-spam legislation cover text messages?

Yes. It applies to commercial electronic messages, which includes texts. The test is the content and purpose, not the tool or the tone.

Are appointment reminders covered?

Generally not, since they relate to a booking already made. But a reminder that also mentions a special has acquired a commercial purpose and is treated accordingly.

What is the difference between express and implied consent?

Express is given deliberately and does not expire. Implied arises in defined circumstances such as a recent purchase and is time-limited, so it needs tracking.

Is a phone number given for service consent to market?

No. Somebody who gave a mobile number so a technician could text on arrival has not agreed to receive promotions.

What must a commercial text contain?

Identification of the sender, contact information valid for a set period, and a working unsubscribe mechanism, with stop requests actioned promptly.

Why keep consent records?

A due diligence defence is only available to an organisation that can show the steps it took, which requires documenting what consent was obtained and when.

West Coast Media Solutions Inc. provides web design, web development, hosting, digital marketing, and business consulting to organisations across Canada, drawing on more than twenty-five years in the field.

Texting customers from a personal phone?

We separate the transactional messages from the marketing ones, which is where most of the risk sits.

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