EMAIL AND TEXT MARKETING RULES FOR SMALL BUSINESS.
Sending offers by email or text? Three sets of rules come up most for North American small businesses: CAN-SPAM for commercial email in the U.S., the FCC's consent rules for calls and texts, and Canada's anti-spam legislation (CASL). Here is what each regulator's own guidance says.
READ THIS FIRST
This is a plain-English summary of public guidance and rule text, checked on September 16, 2026. It is not legal advice, it does not cover state or provincial laws, and rules change. If you are building a large list, buying data or have received a complaint, talk to a lawyer.
CAN-SPAM: COMMERCIAL EMAIL (U.S.)
The FTC says CAN-SPAM doesn't apply just to bulk email: it covers all commercial messages, and the law makes no exception for business-to-business email.1 Each separate email in violation is subject to penalties of up to $53,088, according to the FTC's guide.1
| Requirement | What the FTC says |
|---|---|
| Honest header info | From, To, Reply-To and routing information must be accurate and identify who sent the message [1] |
| Honest subject line | The subject line must accurately reflect the content of the message [1] |
| Say it's an ad | Disclose clearly and conspicuously that the message is an advertisement; the law gives leeway in how [1] |
| Postal address | Include a valid physical postal address: a street address, a registered P.O. box or a registered private mailbox [1] |
| Opt-out | Explain clearly how to opt out of future marketing email, and include an option to stop all marketing messages [1] |
| Honor opt-outs | Process opt-outs for at least 30 days after sending, and honor each request within 10 business days [1] |
| Watch your vendors | You can't contract away responsibility; the business promoted and the sender may both be held responsible [1] |
Receipts and account notices. A message whose primary purpose is transactional or relationship, such as confirming a purchase the customer agreed to, may not contain false or misleading routing information but is otherwise exempt from most of CAN-SPAM.1 The FTC says these categories are read narrowly.1
TEXTS AND CALLS: FCC CONSENT RULES (U.S.)
The FCC's rules under the Telephone Consumer Protection Act set when a business needs consent before calling or texting. The points below come from the current rule text.2
- Marketing needs written consent. Calls that include an advertisement or constitute telemarketing, made to wireless numbers with an automatic telephone dialing system or an artificial or prerecorded voice, need the called party's prior express written consent (with narrow exceptions, such as certain nonprofit and health care calls).2
- What written consent means. A signed written agreement (electronic signatures can count) that clearly authorizes those messages to a specific number, and discloses that the person isn't required to agree as a condition of buying anything.2
- "STOP" means stop. People may revoke consent by any reasonable method. Replying "stop," "quit," "end," "revoke," "opt out," "cancel" or "unsubscribe" to a text counts, and so do other words a reasonable person would understand as a request to stop.2
- Deadline. Revocation requests must be honored within a reasonable time not to exceed ten business days, and a business may not designate an exclusive way to revoke.2
- One confirmation text is allowed. A single reply that only confirms the opt-out, with no marketing, is permitted.2
- Calling hours. Telephone solicitations to residential subscribers are not allowed before 8 a.m. or after 9 p.m., local time where the called person is.2
Whether a particular texting tool counts as an automatic telephone dialing system is a legal question we don't answer here. Get consent in writing for marketing texts regardless, and ask a lawyer about your setup.
CASL: EMAIL AND TEXTS TO CANADA
Canada's anti-spam legislation requires consent before sending commercial electronic messages, such as emails or texts, and senders should be ready to prove that consent.3 ISED says CASL is technology neutral, so text messages are covered.4
| Topic | What ISED's guidance says |
|---|---|
| Express consent | Someone agreed, verbally or in writing, to receive messages from you; no time limit unless they withdraw it [3] |
| Implied consent | Recognized only in certain circumstances, such as an existing business relationship; generally time-limited, up to 2 years, or 6 months for inquiries or applications [3] |
| Identify yourself | Your business name, a current mailing address and a phone number, email or website, valid for at least 60 days after sending [3] |
| Unsubscribe | Include an unsubscribe mechanism; action every request within 10 business days, at no cost to the recipient [3] |
| Texts | Include your business name, and respect "STOP" requests; offering STOP isn't enough on its own [4] |
ISED notes that businesses may also have obligations under PIPEDA, Canada's federal private-sector privacy law.3
A SIMPLE ROUTINE
- Ask plainly and keep the record. Use an unticked sign-up box at checkout or on your booking form that says what you will send, and save when and how each person agreed.
- Keep marketing and receipts apart. A booking confirmation is not the place to slip in a promotion without thinking about which rules then apply.
- Put the footer in every template. Business name, postal address and a working unsubscribe link, set up once in your email tool.
- Make opt-outs automatic. Let your email or texting tool remove people straight away rather than relying on someone to do it by hand.
- Don't buy lists. You can't show consent for people who never gave it to you.
- Check your vendors. If an agency or app sends for you, you can still be responsible.1
FAQ
Can I email a business customer without an unsubscribe link?
Not for marketing email under CAN-SPAM: the FTC says the law makes no exception for business-to-business email.1
Can I text customers who gave me their number at checkout?
Giving a number is not the same as written consent to marketing texts. The FCC rule describes what prior express written consent must include.2 In Canada, check whether you have express or implied consent and how long ago the purchase was.3
How fast do I have to process an unsubscribe?
Within 10 business days under CAN-SPAM1 and CASL,3 and within a reasonable time not to exceed ten business days for revoking consent to covered calls and texts under the FCC rule.2 Faster is better.
Do these rules apply to review requests?
It depends on what the message says and who it goes to. Keep review requests free of promotions and read how to get more Google reviews, which covers the FTC's rule on reviews.
SOURCES
- Federal Trade Commission, CAN-SPAM Act: A Compliance Guide for Business.
- Federal Communications Commission rules, eCFR, 47 CFR 64.1200, Delivery restrictions.
- Innovation, Science and Economic Development Canada, Getting consent to send email.
- Innovation, Science and Economic Development Canada, Texting for good client relations.
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