Mobile Marketing and SMS Campaigns Compliant with Canadian Regulations

Mobile Marketing and SMS Campaigns Compliant with Canadian Regulations

Overview of Canadian Regulations

Canadian mobile marketing and SMS campaigns are primarily governed by the Canadian Anti-Spam Legislation (CASL). This legislation requires businesses to obtain consent before sending commercial electronic messages (CEMs), including SMS marketing messages. CASL is enforced by the Canadian Radio-television and Telecommunications Commission (CRTC), which has increased enforcement activities in recent years.

Key Requirements for Compliance

1. Consent:

   • Express Consent: Recipients must explicitly agree to receive messages. This can be obtained through sign-up forms or keyword texting.
   • Implied Consent: Based on existing business relationships, such as recent purchases. However, it has a limited timeframe and scope.

2. Message Content:

   • Messages must clearly identify the sender and include valid contact information.
   • Provide an easy opt-out method, typically by replying with a keyword like "STOP".

3. Unsubscribe Mechanisms:

   • Businesses must honor unsubscribe requests promptly to avoid legal issues.

4. Record Keeping:

   • Maintain accurate records of consent, including how and when it was obtained.

Penalties for Non-Compliance

• CASL violations can result in significant fines: up to $10 million for corporations and $1 million for individuals.

Best Practices for SMS Marketing in Canada

• Regular Audits: Conduct regular audits of consent records and message content to ensure compliance.
• Clear Identification: Ensure messages clearly identify the sender and provide valid contact information.
• Prompt Unsubscribe Handling: Honor unsubscribe requests promptly to maintain customer trust and avoid legal issues.

Recent Updates and Changes

• Enhanced 10DLC Registration: Canadian carriers have implemented stricter registration requirements for 10-digit long code messaging, including business verification and content approval.
• Increased Enforcement: The CRTC has increased enforcement activities, focusing on SMS violations and coordination with consumer protection agencies.

Tools and Platforms for Compliance

• Utilize SMS marketing platforms that offer compliance tools, such as consent management and automated unsubscribe mechanisms.

By following these guidelines and best practices, businesses can ensure their mobile marketing and SMS campaigns comply with Canadian regulations.