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Can I email or text customers to ask for a review under Canada's anti-spam law?

Short answerYes, you can email or text customers to ask for a review, but only if you have their consent under CASL. Past customers usually give you implied consent for a limited time. Each message must name your business, give your contact details, and include a working unsubscribe. Do not offer a reward for the review.

Does CASL apply to a review request?

Treat it as yes. Canada’s anti-spam legislation (CASL) requires consent before you send a commercial electronic message, such as an email or a text. A review request often sits inside a message that also promotes your business. The safest approach is to follow the CASL rules for every review request. This page is general information, not legal advice. Ask a lawyer if your case is complicated.

CASL recognizes two kinds of consent.

  • Express consent: the person agreed, verbally or in writing, to receive messages from you. It has no time limit unless the person withdraws it.
  • Implied consent: it applies only in certain situations. One is an existing business relationship. For example, someone bought something from you or sent you an inquiry.

If you ask for consent, keep a record. Senders must be ready to show proof of consent if someone asks.

Implied consent is generally time-limited. It may be valid for up to 2 years after the last interaction. For an inquiry or an application, it may be valid for only 6 months. Check the date of the last purchase or inquiry before you send a request.

What must the message include?

Each message must contain:

  • your business name, and the name of anyone you send it on behalf of
  • a current mailing address, plus a phone number, email address, or website address
  • contact details that stay valid for at least 60 days after you send the message
  • an unsubscribe mechanism that is clear and easy to use

You must act on every unsubscribe request within 10 business days or less, at no cost to the person. Also check that no part of the message is false or misleading.

How do I send review requests the safe way?

  1. Make a list of customers who bought from you or gave you express consent.
  2. Remove anyone who asked you to stop, and anyone whose last interaction is too old.
  3. Write a short message. Thank the customer and ask for an honest review.
  4. Add your review link. Google lets you share a review request link or a QR code.
  5. Add your business name, your address, a way to reach you, and an unsubscribe option.
  6. Save a record of the consent for each person you contact.
  7. Process each unsubscribe on time and remove that person from your list.

Can I offer a discount for a review?

No. Google’s help pages say that offering free or discounted goods or services in exchange for a review is fake and misleading content, and that it is strictly prohibited. This also covers payment to change a review or to remove a negative one. Reviews must reflect a genuine experience. Ask for honest feedback and offer nothing in return.

Do privacy rules apply as well?

Yes, possibly. The government of Canada notes that CASL is not the only set of consent rules a business must follow. Some businesses also have duties under the federal privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA). These duties mostly concern how you handle personal information. Keep your customer list private and use it only for the purpose the customer would expect.

What should I do after the reviews arrive?

Reply to your reviews. Google’s help pages suggest short, polite, and personal replies. They also say not to use a reply to offer deals. For a negative review, stay professional and offer to settle the matter by phone or email. Never share the reviewer’s private information. Report a review only if it breaks Google’s policies, not because you disagree with it.

Questions people also ask

Can I put a QR code on a receipt or at the counter instead of sending a message?

Yes. Google lets you create a review link or a QR code that customers can scan. A printed code is not an electronic message sent to the customer, so the consent rules for sending apply to messages, not to a code on a counter.

Does a customer need a Gmail account to leave a Google review?

No. Customers must be signed in to a Google Account, but they can set one up with a non-Gmail email address.

Should I reply to every review?

Reply where you can add something useful, such as an answer or an update. Google advises against sending the same thank you to everyone.

What if a customer replies and asks me to stop?

Treat it as an unsubscribe request. Stop sending messages and remove the person within 10 business days or less, at no cost to them.

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Sources

  1. Getting consent to send email
  2. Tips to get more reviews
  3. Manage customer reviews
  4. Report inappropriate reviews on your Business Profile

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