Unsubscribe mechanism (CASL)

A buyer may meet this when a deal includes a customer email list and marketing is planned. Section 6 of CASL prohibits sending, or causing or permitting to be sent, a commercial electronic message to an electronic address unless the recipient has consented, expressly or impliedly, and the message meets the content rules in section 6(2), subject to exceptions in that section and to section 12. CASL is federal law, so this entry is not province-specific.

What section 11 requires

The mechanism must let the recipient indicate, at no cost, the wish to stop receiving commercial electronic messages, or a specified class of them, from the sender or the person on whose behalf it is sent. It must use the same electronic means as the message or, if that is not practicable, another electronic means. It must specify an electronic address or a web page link. Under section 11(2), the sender, and the person on whose behalf it is sent, must ensure the address or page stays valid for at least 60 days after the message is sent. Under section 11(3), they must give effect to an indication without delay and no later than 10 business days after it is sent, without any further action by the person who sent it.

What to ask the seller

• Whether every marketing message has a working unsubscribe link or address.
• How opt-out requests are recorded, and whether the list the buyer receives reflects them.
• Who is responsible for honouring opt-outs after closing.

See how to verify a seller’s customer list and Canada’s Anti-Spam Legislation.