Send receipts, confirmations and other service messages separately from promotions, keep offers out of them, and let the unsubscribe stop only promotional mail. CASL does not require marketing consent for purely transactional messages.

One list for everything

A customer unsubscribes from your newsletter because one offer too many arrived. The following week their appointment confirmation never comes, and neither does the receipt.

Nobody chose that. The mailing service did what it was told: this address no longer wants email from this account.

It happens wherever promotions and service messages leave from the same place, to the same list, under the same sender.

The law treats the two kinds of message differently. The setup often does not.

What counts as a service message

CASL, Canada's anti-spam law, sets aside certain messages that do not need marketing consent because they only serve something the customer already arranged.

The second is the one that breaks most often, because confirmations and reminders are what small businesses most like to dress up in their newsletter template.

The word that matters is only

The exemption covers a message whose whole purpose is one of those things. Add a promotion and it becomes a promotional message, with the consent rules that come with one.

A receipt with a banner for next month's sale is a promotion with a receipt attached. Sent to someone who has unsubscribed, it is exactly the mail they asked not to get.

So the rule runs both ways. Service messages stay free of offers, and offers do not ride along inside service messages.

Why one click stops everything

Mailing services are built for promotions. When someone clicks unsubscribe, the service marks the address and stops sending to it from that account.

That is what the law asks of a promotional list: once someone opts out, the promotions must stop within ten business days.

But if the appointment reminders are campaigns in the same account, sent to the same list, they stop as well. The service cannot tell a reminder from a sale.

Booking systems, shop software and accounting packages usually send their own messages. The trouble starts when those are moved into the newsletter tool to look nicer.

A worked example

A mobile veterinary practice for cats and dogs, one vet and a technician with a van, visits homes across a cluster of suburbs.

It used one mailing service for everything: a monthly newsletter with seasonal offers, plus appointment confirmations and day-before reminders sent to the same list of clients.

A client who found the newsletter too frequent clicked unsubscribe. The next confirmation and reminder never arrived, and the van pulled up at an empty house.

The practice had assumed unsubscribe meant no more newsletters. To the mailing service it meant no more email of any kind from that account.

The reminders had also carried the newsletter's banner, which that month advertised a discount on dental cleanings.

The fix separated the two. Confirmations and reminders now go out from the scheduling software, plain and without offers, and the newsletter stays in the mailing service with its own unsubscribe.

The page people see after unsubscribing now says that appointment messages and receipts will continue.

The hard cases

Some messages sit between the two. A note that a pet's yearly vaccination is due is useful, but it also asks for a new booking.

Messages like that are safer treated as promotional, which means they need consent. For a recent customer, consent is implied for two years after their last purchase, unless they unsubscribe.

A preferences page can let people keep the health reminders and drop the offers, as long as one choice stops every promotional message.

Where a message is hard to classify, ask whoever advises you on CASL before it goes out. This is a plain description, not legal advice.

What a service message looks like

Plain and specific: the business name, what the message is about, the details the customer needs, and how to reach you.

No banner, no featured product, no link to this month's sale. Close with a short signature giving the address and phone number.

The subject line should say what it is, such as appointment confirmed for Tuesday, so it is read as a service message rather than skipped as an advertisement.

Find out what actually sends

Few businesses have ever listed every automatic email they send. It is worth doing once.

Using your own address, book an appointment, buy something, ask for a quote and fill in the contact form. Note every email that arrives, what sent it and whether it carries anything promotional.

Then unsubscribe from your own newsletter and repeat. Anything that stops arriving is in the wrong place.

Keep the list. It is also the starting point whenever the website, the booking system or the shop is replaced.

Tell staff what unsubscribed means

Staff who see unsubscribed on a customer record often assume it means no email at all, and start posting invoices instead.

Posting an invoice that could have been emailed costs money and slows payment, for a reason the customer never gave.

One line in the office notes fixes that: unsubscribed means no promotions, and service messages carry on as normal.

The counter-case

A business that sends no promotions has nothing to separate. A trade that emails quotes and invoices from its accounting package, and never sends a newsletter, can leave things as they are.

A business that sends a handful of service emails a year from an ordinary inbox needs a careful habit more than a second system.

Separating the streams also does not make every message exempt. The line between service and promotion still has to be drawn one message at a time.

Where promotions and service messages share a list, though, separate them before the next unsubscribe arrives.

Before the next unsubscribe

  1. List every automatic email your business sends.
  2. Mark each one as service or promotion.
  3. Strip offers and banners out of service messages.
  4. Send service messages from the system that creates them.
  5. Keep promotions in the mailing service alone.
  6. Unsubscribe yourself and see what still arrives.
  7. Tell staff what unsubscribed means.

Step six is the one that settles it, because in a few minutes it shows what a customer loses by clicking unsubscribe.

Keeping consent and unsubscribes on record in the first place is covered in a mailing list kept in a spreadsheet on one computer.


Frequently asked questions

Do receipts need marketing consent under CASL?

No. Messages that only confirm or complete something the customer arranged, such as receipts, booking confirmations and warranty information, do not need marketing consent. Adding a promotion changes that.

Why did an unsubscribe stop the receipts?

Because both kinds of message went out from the same mailing account to the same list. The service marks the address and stops everything sent from that account.

Can a receipt carry a small offer?

Then it is no longer purely a service message. Sent to someone who has unsubscribed, it becomes a promotion they asked not to receive.

Where should service emails come from?

From the system that creates them: the booking software, the shop or the accounting package. Keep the newsletter and other promotions in the mailing service.

What about reminders that something is due?

They ask for a new purchase, so treat them as promotional unless your adviser says otherwise. A preferences page can let customers keep them while dropping the offers.

How do I test my own setup?

Book, buy and ask for a quote using your own address, then unsubscribe from your newsletter and repeat. Anything that stops arriving is in the wrong place.

West Coast Media Solutions Inc. provides web design, web development, hosting, digital marketing, and business consulting to organisations across Canada, drawing on more than twenty-five years in the field.

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