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How Do You Legally Email Leads Under CASL Without Hurting Your Sales?

Q: Do I always need consent to email leads under CASL?

In most cases, yes. CASL requires either implied consent, based on an existing relationship or a publicly shared email used in a business context, or express consent explicitly granted by the recipient before you send commercial electronic messages.

August 20, 2020 | 4 minute read

Email Marketing

How Do You Legally Email Leads Under CASL Without Hurting Your Sales?

To legally email leads under Canada’s Anti-Spam Legislation (CASL), you need the right type of consent, the right message structure, and the right systems to track everything. CASL doesn’t ban sales outreach—but it does require that any commercial electronic message (like sales emails, campaigns, or sequences) is sent only with implied or express consent, clearly identifies who you are, and includes an easy, no-cost way to unsubscribe. When your sales team understands these rules and uses tools like HubSpot to document consent and automate compliance, you can keep your pipeline moving without risking penalties or fines.

🔍 Frequently Asked Questions (FAQ)

1. What is CASL and who does it apply to?

CASL (Canada's Anti-Spam Legislation) regulates commercial electronic messages sent to or from Canadian residents. It applies to businesses and organizations that use email, SMS, or other digital channels for marketing or promotional purposes.

2. Do I always need consent to email leads under CASL?

In most cases, yes. CASL requires either implied consent (based on an existing relationship or a publicly shared email used in a business context) or express consent (explicitly granted by the recipient) before you send commercial electronic messages.

3. What is the difference between implied consent and express consent?

Implied consent exists when there is an existing relationship or recent transaction, and it is usually time-limited. Express consent is actively given (for example, through a form or verbal agreement), is not time-limited, and must be documented with clear proof.

4. What must every CASL-compliant email include?

Every CASL-compliant commercial email must clearly identify the sender, include valid contact information, and provide an unsubscribe mechanism that is easy to use and processed within 10 business days at no cost to the recipient.

5. How can tools like HubSpot help with CASL compliance?

HubSpot can store consent records, track contact activity, manage subscription preferences, and power compliant opt-in forms and email campaigns. This makes it easier to prove consent, honor unsubscribes, and standardize CASL compliance across your sales and marketing teams.

3 Email Marketing Steps to Legally Contact Your Leads

1. Obtain consent

CASL requires businesses and organizations to obtain consent before sending out commercial electronic messages (CEM) such as emails and text messages. To send CEM, you need implied or express consent.

Implied consent is valid when there is already an existing relationship between the recipient and the business, whether it’s business-related or not. Implied consent also applies if the recipient’s email address was published or sent to you previously relating to business activities. Implied consent is generally time limited with a period of 2 years.
Express consent is not time limited, but the recipient must give consent to you in writing or orally. Express consent also requires identification and contact information of the prospect.

In both cases, you will always need a record of consent as proof, so make sure you have that!

2. Use HubSpot tools with your emails

HubSpot tools include:

Online forms
Customer relationship management (CRM)
Sequences
Email tracking
Email campaigns

These tools are a great way to organize and keep track of leads and customer data, but they’re also great for keeping track of CASL compliance. For example, online forms are the way to get express consent. These forms follow the opt-in CASL law, which require that you:

Clearly tell participants what they are opting into
Indicate who you are or on whose behalf you’re asking consent
Include your mailing address and phone number, email address, or web address
Allow the recipient to unsubscribe anytime
Don’t include pre-check boxes!

3. Ask yourself: Does your message follow CASL compliance?

First, think about the messages you’re sending out and whether or not they fit the definition of CEM.

Are they being sent to electronic addresses through email, text or other platforms?
Do they contain commercial or promotional information such as marketing, sales, offers or more?
Is your information true and not misleading?

If they are CEM, then make sure your messages include:

Clear identification of yourself and your business name, or name of anyone who is sending the message on your behalf.
Your contact information which includes your mailing address, phone number, email or website URL.
An unsubscribe mechanism with clear instructions so that consumers have the option to easily do so at no cost. Unsubscriptions must be processed within 10 days.

CASL specifically requires these three things to be included in the message.

Train your sales team and all employees of your business to learn CASL compliance and contact your leads legally. Then you’re free to conduct those successful email marketing campaigns without worrying about violating CASL.