Canada's CASL generally requires consent before you send commercial email, a clear sender identity and a working unsubscribe. The US CAN-SPAM Act lets you email without prior consent but requires honest headers, a physical address and an easy opt-out that you honour. Keep a record of how and when each person agreed.
Canada: CASL
- Consent: express consent, or implied consent in limited cases such as an existing business relationship within set time limits.
- Identify yourself and give contact details.
- Include an unsubscribe mechanism and honour requests promptly.
Dealer Garage's Canadian paperwork includes a CASL marketing consent form.
United States: CAN-SPAM
- No misleading headers or subject lines.
- Tell recipients where you are located with a valid postal address.
- Give a clear way to opt out and process it within the legal time.
Habits that keep you safe
- Collect consent in writing at the time of sale.
- Keep it with the customer record.
- Remove opt-outs immediately and never re-add them.
- Send only what you said you would.
See email campaigns.
A small consent routine
- At the desk, ask whether the customer would like service reminders and offers by email.
- If yes, record it with the date, preferably on the CASL consent form.
- Mark the customer record accordingly.
- Only include people with consent in campaigns.
Questions people ask
Do service reminders count as marketing?
It depends on content and law. Ask an adviser if unsure.
This is general information, not legal advice. Rules differ by state, province and territory and change over time; confirm what applies to you with your regulator or a qualified adviser.
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Dealer Garage is installable dealer management software for independent used-car dealers in the US and Canada: inventory, leads, deals, dealer paperwork, Facebook Marketplace posting and email campaigns, with records stored on the dealership's own computer..