A consultation request comes in at 9 p.m. Your intake tool texts back. Your newsletter goes to every past client. Both are covered by CASL, and each follows different rules. Here is a plain map for Canadian law firms, plus a checker for the message you are about to send.
CASL applies to law firms that email or text to promote their services. You need consent first, from an opt-in or an existing relationship: two years after a purchase of services, six months after an inquiry. A requested quote or a confirmation of an agreed matter needs no consent, but every message still needs your identity and an unsubscribe.
What can a law firm send, and with what consent?
| Message | Consent needed? | Still required |
|---|---|---|
| Reply to a consultation request the person made | Implied (inquiry, 6 months) | Firm name, contact line, unsubscribe |
| Fee quote or estimate the person asked for | No (s. 6(6) exemption) | Firm name, contact line, unsubscribe |
| Message that completes or confirms an agreed matter | No (s. 6(6) exemption) | Firm name, contact line, unsubscribe |
| Factual notice about an ongoing account or relationship | No (s. 6(6) exemption) | Firm name, contact line, unsubscribe |
| Newsletter to past clients | Implied for 2 years after purchase, or express | Firm name, contact line, unsubscribe |
| Promotion to someone who never contacted you | Express consent first | Opt-in record |
| Email to a cold list or a bought list | Express consent first | Burden of proof is on you |
Can I send this message? A quick checker
Law firm message checker
Pick the message and the relationship. Nothing is saved or sent.
What does a compliant law firm text look like?
| Version | Example | Why |
|---|---|---|
| Compliant | "Hi, this is [Firm name] about your consultation request. We can see you on [day]. [Firm phone]. Reply STOP to opt out." | Names the firm, answers the inquiry, gives contact and opt-out |
| Not compliant | "New year, new will! 20% off estate planning this week only." | Promotion to a list with no opt-in record, no firm name, no unsubscribe |
| Compliant | "[Firm name]: your fee estimate is attached as requested. Questions: [phone]. Reply STOP to opt out." | A requested estimate is exempt from consent but not from identification or opt-out |
The first row follows the pattern in our missed-call text back for law firms and the after-hours voicemail script. No text should give legal advice or say whether you act for the person.
What else do the rules require?
Identify the firm and anyone on whose behalf you send. Give contact details that stay valid for at least 60 days after sending. Make the unsubscribe simple, such as replying STOP, free of cost, and act on it within 10 business days, per the CRTC FAQ. CASL covers texts to mobile devices but not live voice calls. Law society rules on marketing sit alongside it: the LSO Rules of Professional Conduct, chapter 4 covers marketing and advertising standards in Ontario, and other provinces have their own.
The burden of proving consent is on the sender, so log each inquiry date, each opt-in and each stop request. Our implied consent timer and express consent form checker help with both.
How does this apply to an AI receptionist or intake tool?
The firm is the sender, whoever or whatever types the message. A tool that texts after-hours callers needs the same name, contact line and opt-out, and it must stop on STOP. The AI handles the first reply and routing; it does not advise, accept a retainer or clear conflicts. See AI receptionists for law firms and intake automation in Ontario for how AGNT/01 scopes that.
CASL FAQ
Does CASL apply to law firms?
Yes. CASL applies to any commercial electronic message, and a law firm that emails or texts to promote its services is sending one. Messages that only do an exempt job, such as sending a quote the person asked for, still need your identity, contact details and an unsubscribe.
Can a law firm text someone who just called about a consultation?
Often yes. The CRTC treats an inquiry as implied consent for six months, so a prompt reply about the consultation they asked for is the safest case. Include your firm name, a contact line and a way to opt out, and keep the text to the matter they raised.
Do I need consent to send a fee quote or retainer agreement?
Not for the quote itself. Section 6(6) of the Act exempts a message that only provides a quote or estimate the recipient requested, or that completes a transaction already agreed. It still needs identification, contact information and an unsubscribe mechanism.
How long can a law firm email a past client with newsletters?
The CRTC gives a purchase of services two years of implied consent from the purchase. Whether a retainer counts is a question for your own counsel. A newsletter sign-up with a ticked box gives express consent, which does not expire.
What are the penalties for breaking CASL?
The CRTC FAQ lists maximum penalties of $1 million per violation for individuals and $10 million per violation for businesses. Those are ceilings, not typical fines, but they show why a consent log is worth the effort.
Can an AI receptionist send texts for my firm under CASL?
Yes, if each message meets the same rules: identify the firm, give contact details, include an opt-out and honour a stop request within 10 business days. The AI should never give legal advice or decide conflicts, and a person at the firm owns every consent decision.
Sources
- Justice Laws: Canada's anti-spam legislation, section 6 (consent, identification, unsubscribe, s. 6(6) exemptions).
- CRTC: Guidance on implied and express consent (2-year and 6-month windows, no expiry for express consent).
- CRTC: CASL frequently asked questions (penalty ceilings, identification, 60 days, 10 business days, texts).
- Justice Laws: sections 10 to 13 (burden of proof on the sender).
- Law Society of Ontario: Rules of Professional Conduct, chapter 4 (marketing and advertising).
General information for Canadian law firms, not legal advice. AI tools never give legal advice or decide conflicts. Last verified October 2026 by Aniket Gandhi, AGNT/01.
Reply fast, and keep the consent log clean.
We will check how your intake texts handle consent, opt-outs and after-hours calls. Free, founder-led, 30 minutes.
Get the free audit →