Four CASL checks every cold email passes | Simplee Digital URL: https://simplee.digital/blog/casl-cold-email-lenders * Home (https://simplee.digital/) * /Blog (https://simplee.digital/blog) * /Four CASL checks every cold email passes before... Blog · 4 min read # Four CASL checks every cold email passes before it leaves our system By Simplee Editorial Team. Reviewed by Vlad Sherbatov · Published November 9, 2026 · Updated November 9, 2026 Sources checked October 19, 2026 Blog Canada's anti-spam law lets a business email someone who asked it a question for 6 months after that inquiry, and no longer without fresh consent (S.C. 2010, c. 23, s. 10(10)(e) (https://laws-lois.justice.gc.ca/eng/acts/E-1.6/page-2.html)). ## Key figures * Simplee runs 4 consent checks before any cold email, built on sections 6, 10 and 11 of Canada's Anti-Spam Legislation (S.C. 2010, c. 23, current to 2026-09-30). * Under Canada's Anti-Spam Legislation, an inquiry supports implied consent for 6 months (S.C. 2010, c. 23, s. 10(10)(e), current to 2026-09-30). * Under Canada's Anti-Spam Legislation, an unsubscribe link must stay valid for at least 60 days after the message (S.C. 2010, c. 23, s. 11(2), current to 2026-09-30). * Under Canada's Anti-Spam Legislation, an unsubscribe must take effect within 10 business days of being sent (S.C. 2010, c. 23, s. 11(3), current to 2026-09-30). That 6-month line decides more of a lender's email program than any subject line. We sell to lenders and our own sales agent emails businesses, so we turned the Act into rules a system follows before a message leaves. This is not legal advice. It is how we read the Act and what our system does with it. ## Consent and three pieces of content come before anything else A commercial email needs the person's consent, express or implied, and it has to meet the content rules (s. 6(1) (https://laws-lois.justice.gc.ca/eng/acts/E-1.6/page-1.html)). Those rules are short: identify the sender, give a way to reach them, and carry an unsubscribe mechanism (s. 6(2) (https://laws-lois.justice.gc.ca/eng/acts/E-1.6/page-1.html)). Implied consent has three common routes. One is an existing business relationship, which includes an inquiry made within the six months before the message (s. 10(10)(e) (https://laws-lois.justice.gc.ca/eng/acts/E-1.6/page-2.html)). Another is an address the person "conspicuously published" with no statement refusing unsolicited messages, where the message is "relevant to the person's business, role, functions or duties" (s. 10(9)(b) (https://laws-lois.justice.gc.ca/eng/acts/E-1.6/page-2.html)). The third is an address the person handed over without saying no. The unsubscribe rules leave little room. The link or address must stay valid "for a minimum of 60 days" after the message (s. 11(2) (https://laws-lois.justice.gc.ca/eng/acts/E-1.6/page-2.html)). An unsubscribe must take effect "no later than 10 business days" after it is sent (s. 11(3) (https://laws-lois.justice.gc.ca/eng/acts/E-1.6/page-2.html)). ## Four checks stand between a lead and a sent message CheckWhat it refusesWhere it comes from in the Act 1. Business address or inquiryA personal email address, unless that person made an inquirys. 10(9) and s. 10(10)(e) 2. Consent with a dateAny message after an inquiry's 6 months, unless the person gave express consents. 10(10)(e) 3. Identity and a working unsubscribeA message without the sender's name, contact details and a one-click unsubscribes. 6(2) and s. 11 4. Never re-approachAnyone who unsubscribed, bounced, is a client, or is already in a conversation with uss. 11(3), and our own rule Check 1. A personal address, such as a free webmail account, is emailed only after that person made an inquiry. A business address on a company domain can be emailed about the person's role in that business. That matters most for merchant cash advance lenders. Many small business owners run their company from a personal address, and we reach them only after they ask us something. Check 2. Every lead carries its consent basis and an expiry date. An inquiry, such as a free audit request or a website form, sets the expiry at 6 months from the latest inquiry. Express consent has no expiry until the person withdraws it. When an inquiry's date passes, no further message based on it is written. Check 3. Every message names the sender and how to reach us, with a one-click unsubscribe in the message header and a signed link in the footer. An unsubscribe stops everything as soon as our system reads it, well inside the law's 10 business days. Check 4. A suppressed address never comes back, and neither does anyone we already have a conversation with. A reply, a booked or held call, or a proposal sends the person to a human instead, and clients and partners are never prospected. ## A dated consent record decides what a lender can send Lenders' email rarely underperforms because of the law itself. It underperforms when nobody can say why the lender may email a given person, and until when, so the program either over-sends or stops. Each address needs a basis, a date and an expiry before any copy is written. With that record in place, the copy can stay plain. We also changed one habit because of this. A person who asked us a question is the most valuable contact we have, and the clock starts that day, so we now answer inquiries first and treat the 6 months as a deadline rather than a cushion. ## The published-address route is narrower than it looks The "conspicuously published" route depends on facts a system cannot fully check, such as whether a page carried a "no solicitations" note. We are unsure any system can, so we treat that route narrowly and keep personal addresses behind an inquiry, and a lender with a different reading should take its own legal advice. ## Two terms we use that the Act does not * Inquiry window is our term for the 6 months after a person's latest inquiry, during which implied consent holds. * Engaged is our term for a person with a reply, a booked or held call, or a proposal. They are never emailed by the agent again. Source: Canada's Anti-Spam Legislation, S.C. 2010, c. 23, sections 6, 10 and 11, Justice Laws Website (consolidation current to 2026-09-30), opened 2026-10-19. The four checks describe Simplee's own system as of 2026-10-19. ## Frequently asked questions Can a lender send cold email in Canada?+ Yes, if the person has consented, expressly or by implication, and the message identifies the sender and carries an unsubscribe. Implied consent can come from a recent inquiry, an existing business relationship, or a published business address where the message fits the person's role. This is not legal advice. How long does implied consent last after an inquiry under CASL?+ Canada's Anti-Spam Legislation treats an inquiry made within the six months before a message as an existing business relationship. After those 6 months, the business needs another basis for consent, such as express consent, under section 10(10)(e) of S.C. 2010, c. 23. What must every commercial email include under CASL?+ It must identify the sender and the person it is sent for, and give a way to contact one of them. It must also carry an unsubscribe mechanism, under section 6(2) of Canada's Anti-Spam Legislation. How quickly must an unsubscribe take effect under CASL?+ An unsubscribe must take effect without delay and no later than 10 business days after it is sent. The link or address that receives it must stay valid for at least 60 days after the message, under section 11 of the Act. ## Let's Build Something Ready to deploy AI-native growth systems? Book a strategy call and we'll map the fastest path to results.Book a Strategy Call (https://simplee.digital/book?post=blog/casl-cold-email-lenders)