Following up without breaking anti-spam law
In Canada, a commercial message sent without consent carries real penalties. Here's what separates a legitimate follow-up from spam.
Published
The two forms of consent
| Type | How it arises | How long |
|---|---|---|
| Express | The person ticks a box or explicitly asks | Until withdrawn |
| Implied | Existing business relationship, e.g. a purchase | Generally two years |
The most useful practical distinction: implied consent exists when the person made a move toward you. They bought, requested a quote, filled in a form. It does not exist because their address appeared on a website.
Why a quote follow-up is generally defensible
- The person requested the quote themselves — the move came from them.
- The message is about what they asked for, not about something else.
- There is a dated, traceable business relationship.
Conversely, sending a promotion for a different service to that same person falls outside their original request, and needs a firmer consent basis.
What you must be able to show
If there's a complaint, the sender must demonstrate consent. A useful record contains at minimum:
- The date and time of consent.
- The EXACT text that was accepted — not a summary written afterwards.
- The channel it was given through.
- The unsubscribe history, honoured without delay.
The text message case
The law covers commercial electronic messages, which includes text. An appointment reminder or a work-completed notice is an expected transactional message, treated differently from a promotion. The line is crossed the moment an offer is added to the service message.
- Can we write to an address found on a company website?
- There is an exception for conspicuously published addresses with no exclusion notice, provided the message is relevant to the person's role. It's a narrow exception, widely misunderstood, and it doesn't cover bulk sending. Get it validated before building a strategy on it.
- What does a small business actually risk?
- The penalties in the legislation are high and apply to small businesses too. In practice the most common risk isn't the fine: it's sender reputation, which degrades and eventually sends your legitimate email — quotes and invoices included — to the spam folder.