Asking customers for reviews in Canada without breaking CASL
Implied vs. express consent, how long it lasts, what every message must include, and quiet hours for texts.
Updated · General information, not legal advice.
A review request is a commercial message
Canada's Anti-Spam Legislation (CASL) applies to commercial electronic messages, including texts and emails asking a customer to leave a review. You need consent, you need to identify yourself, and you need a working way to unsubscribe.
Implied consent from a real customer relationship
CASL allows implied consent when there's an existing business relationship (s.10(9)(a)). That covers a purchase in the last two years (s.10(10)(a)), or an inquiry or quote request in the last six months (s.10(10)(e)). After that window, you need an express yes.
The simplest habit: at the walkthrough, ask “Can we send you one text to ask for a review?” and write down that they said yes. That's express consent, and it doesn't run out.
What every message must include
Your business name, a way to reach you (mailing address plus a phone, email or website), and an unsubscribe that works. CASL gives you 10 business days to honour an opt-out. It's better to act immediately, and to treat STOP replies as an opt-out.
Quiet hours and fairness
CASL doesn't set texting hours, but texts at 11 p.m. don't get reviews. A 9 p.m. to 8 a.m. quiet window, in the customer's time zone, is a sensible default.
Ask every customer, not just the happy ones. Google's review policies don't allow selectively asking for positive reviews or offering incentives for them.
How Merciloop handles it
Merciloop checks the consent you recorded before every send, holds texts during quiet hours, adds your business name and an opt-out, and honours STOP in English, French and Spanish. From Scopewright, “Mark job complete & ask for a review” only sends after you tick the consent box.
Sources
- CASL s.10 (consent)
- CASL s.6 (requirements and exemptions)
- Google Maps user-contributed content policy