What Canadian Dealers Should Know Before Texting Old Leads

### Express Consent The customer explicitly agreed to receive messages. This is the gold standard.

Examples for dealerships: - Customer checked a box on a web form agreeing to SMS communication - Customer verbally agreed (documented) to receive text updates - Customer signed a form that includes SMS consent language

Express consent does not expire unless the customer withdraws it.

### Implied Consent The customer has an existing business relationship with your dealership. This is what most dealers rely on.

Implied consent exists when: - Customer purchased or leased a vehicle (valid for 2 years after transaction) - Customer had their vehicle serviced (valid for 2 years after service) - Customer submitted an inquiry (valid for 6 months after inquiry)

Key rule: Implied consent has an expiration date. A lead from 8 months ago who only inquired? That implied consent has expired. A customer who bought 18 months ago? Still valid.

Regardless of consent type, every campaign must:

• Identify the sender. Your dealership name must be clear.
• Include opt-out mechanism. "Reply STOP to opt out" in the first message.
• Process opt-outs immediately. STOP must work within seconds, not days.
• Send during reasonable hours. No messages before 8 AM or after 9 PM local time.
• Include contact information. A way to reach your business.

When texting leads that are 3-24 months old:

• Verify consent window. An inquiry-only lead from 7+ months ago needs fresh consent.
• Reference the relationship. Mention what they were looking at or when they visited.
• Keep it conversational. Overly formal messages feel like spam.
• One message to start. Do not send a barrage. One well-crafted message, then wait.
• Respect the STOP. Never argue with an opt-out or try to re-engage.
• Document everything. Keep records of consent source and date for every contact.

RefireLeads is built specifically for Canadian compliance:

• Consent tracking. Every contact has a consent_source and consent_date field.
• Automatic expiry. Implied consent contacts are flagged when their window closes.
• Mandatory STOP. First messages always include opt-out language.
• Instant suppression. STOP responses are processed in real-time.
• Sending windows. Messages only send during configured business hours.
• Audit trail. Every message, consent record, and opt-out is logged and exportable.

1. Texting leads from 3+ years ago with no recent relationship. If they only inquired, implied consent expired at 6 months. 2. No opt-out in the message. Every first message must include STOP instructions. 3. Slow opt-out processing. If someone texts STOP and gets another message, that is a violation. 4. No sender identification. "Hey, interested in a new car?" with no dealership name is non-compliant. 5. Buying third-party lists. You cannot text contacts who never interacted with YOUR business.

For every contact you message, maintain records of: - How consent was obtained (web form, in-person, phone) - When consent was obtained - What the customer consented to receive - Any opt-out requests and when they were processed

RefireLeads maintains these records automatically as part of the platform.

If you are unsure about a specific campaign or contact list, consult with a lawyer who specializes in CASL. Common situations where legal advice helps:

• You acquired another dealership's customer list
• You are unsure about the consent source for a batch of contacts
• A customer has complained about receiving messages
• You want to text customers from a sister dealership under a different name