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How to determine the start of the six-month contact window under CASL?

5 Marketer opinions5 Expert opinions3 Technical articles5 Resources

Summary

Under Canada's Anti-Spam Legislation (CASL), the six-month contact window, when relying on implied consent, typically begins when a consumer proactively initiates contact by inquiring about products or services, requesting information, filling out a form, or otherwise expressing interest. While registration forms can influence consent types (implied vs. express), and express consent requires specific disclosures, the consensus indicates that the date of the consumer's initial inquiry triggers the start of the six-month period. Different types of requests like quote request or just general contact all still fall under the first inquiry umbrella. Maintaining records of this initial contact is crucial for compliance.

Key findings

  • Inquiry Date: The six-month implied consent window commences on the date of the consumer's inquiry.
  • Proactive Contact: The period is triggered by the consumer's proactive outreach, such as an inquiry or request.
  • Form and Consent: Registration forms can influence whether consent is implied or express, impacting the duration of permissible contact.
  • 6 Month request: The start date is the first contact the lead took with you.

Key considerations

  • Record Keeping: Maintaining accurate records of the initial inquiry date is essential for demonstrating CASL compliance.
  • Form Design: The design and content of registration forms should clearly communicate consent terms.
  • Type of Consent: Ensure you correctly classify and document whether consent is implied or express, as this determines the allowable contact period and requirements.
  • Proactive Action: Be sure to document the leads actions to be sure it qualifies for starting the 6 month period.

What email marketers say
5Marketer opinions

The six-month contact window under CASL (Canada's Anti-Spam Legislation) generally starts when a potential customer initiates contact by requesting a quote, asking questions, expressing interest in a product or service, filling out a form for more information, or providing their email address with the intention of receiving product or service information. The common thread is the date of the initial inquiry or expression of interest from the potential customer.

Key opinions

  • Inquiry Start: The six-month window begins with the initial inquiry from the potential customer.
  • Request for Info: If a customer requests information, the window starts from the date of that request.
  • Interest Expression: The window starts the moment a prospect expresses interest in the product or service.
  • Form Submission: Filling out a form requesting more information triggers the start of the six-month period.
  • Intentional Provision: Providing an email address with the intention of receiving product/service details marks the beginning.

Key considerations

  • Record Keeping: Maintaining accurate records of when consent was obtained is essential for proving compliance.
  • Proactive Action: The start date is tied to a proactive action from the potential customer.
  • Documentation: Document what actions the lead took in order to qualify as starting the 6 month period.
Marketer view

Email marketer from Itracks shares that if someone provides their email address with the intention of receiving product or service information, that implied consent lasts for six months from when they provided the email.

January 2024 - itracks.com
Marketer view

Email marketer from Mailjet shares that when someone requests information, the implied consent starts from the date they reached out to your company. Keeping records is essential to show when this consent began.

April 2023 - mailjet.com

What the experts say
5Expert opinions

Under CASL, the start of the six-month contact window is primarily determined by the date the consumer makes an initial request or inquiry. While registration forms can influence the type of consent (implied or express), with express consent requiring specific information, the consensus leans towards counting from the date of the original request for the six-month implied consent period. It's safest to consider the consumer's proactive outreach as the trigger for the timeline.

Key opinions

  • Request Date: The six-month window generally begins on the date the consumer makes the initial request.
  • Proactive Contact: The period starts when the consumer proactively reaches out with an inquiry or request.
  • Quote Requests: Quote requests specifically trigger the six-month implied consent limit.
  • Express Consent: Express consent, obtained through registration forms with specific disclosures, may offer a longer timeframe.

Key considerations

  • Form Impact: The design and content of registration forms can affect the type of consent obtained (implied vs. express).
  • Record Keeping: Carefully document the date of the initial request to accurately track the six-month period.
  • Safety: Counting from the date of the original request is the safest approach to avoid non-compliance.
Expert view

Expert from Email Geeks advises that it's probably safest to count the CASL six-month window from the date of the original request.

December 2024 - Email Geeks
Expert view

Expert from Email Geeks suggests that the six-month window for contacting leads under CASL should start from the date of the request.

October 2024 - Email Geeks

What the documentation says
3Technical articles

According to official documentation, the six-month contact window under CASL, based on implied consent, begins specifically on the date the consumer makes an inquiry about your products or services. This applies when implied consent is established due to the recipient having made an inquiry of the sender.

Key findings

  • Inquiry Trigger: The six-month implied consent period is triggered by a consumer's inquiry.
  • Date of Inquiry: The start date of the six-month window is the exact date of the consumer's inquiry.
  • Implied Consent: This rule applies specifically to situations where implied consent is established.

Key considerations

  • Definition of Inquiry: Clearly define what constitutes an 'inquiry' in your interactions to ensure consistent application.
  • Record Keeping: Maintain records of inquiry dates for compliance purposes.
  • Consent Type: Ensure you are operating under implied consent, not express consent, for this six-month rule to apply.
Technical article

Documentation from mcmillan.ca details that implied consent can arise where the recipient has made an inquiry of the sender. The period for which this implied consent is valid is six months from the date of the inquiry.

July 2023 - mcmillan.ca
Technical article

Documentation from dlapiper.com explains that implied consent arises where the person has made an inquiry of you. The relevant period for implied consent in this instance is six months from the date of inquiry.

October 2022 - dlapiper.com

Related resources
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