Staying ahead of consumer complaints: Lessons for Canadian marketers on CASL and telemarketing

Understanding what drives consumer complaints can help marketers identify where to focus their compliance efforts and review existing practices. From unwanted emails and text messages to unsolicited phone calls, recent complaint trends provide insights into where compliance challenges continue to arise and where existing processes may warrant a closer look.

Drawing on insights shared by the Canadian Radio-television and Telecommunications Commission (CRTC) during a recent webinar hosted by the Canadian Marketing Association (CMA), we highlight common sources of consumer complaints, compliance considerations and practical steps marketers can take to meet their obligations under

Canada’s Anti-Spam Legislation (CASL) and telemarketing rules.

Why consumer complaints matter

Recent CRTC enforcement actions serve as a reminder of the financial and reputational risks associated with non-compliance and the importance of maintaining effective processes.

The Commission issued a $500,000 penalty to a brand for CASL consent and unsubscribe violations and $1.5 million for breaches of the Unsolicited Telecommunications Rules (UTRs) related to sharing its National Do Not Call List (DNCL) subscription.

These examples highlight the importance of having appropriate oversight and clear accountability for compliance, including when third parties are involved.

Beyond protecting against potential penalties, integrating proactive compliance practices into everyday workflows supports a positive customer experience and helps maintain consumer trust.

What is driving consumer complaints?

According to the CRTC, the most recent common sources of complaints include commercial messages sent without appropriate consent, unsubscribe mechanisms that do not function as intended and unsolicited telemarketing calls to numbers registered on the DNCL.

Canadians report receiving commercial messages or phone calls without having provided their contact information, as well as encountering broken unsubscribe links or requests that aren't honoured within the required 10 business days.

Certain sectors generate a higher volume of CASL-complaints, including retail and online shopping, computer and technology services and health and wellness. On the telemarketing side, vacation and travel services, along with construction and home services, also top the DNCL complaints.  

While many reports, particularly in the health and wellness sector, involve fraud or misleading advertising, legitimate brands are not immune from scrutiny. Although complaint volume does not necessarily indicate non-compliance by legitimate businesses, they provide useful context on the types of communications attracting consumer attention.

Loyalty programs are an emerging area of focus. The CRTC has reported an increase in complaints with concerns related to the distinction between account-related communications and promotional messages. While loyalty programs often include a mix of both, the nature and content of a message can affect which CASL requirements apply.

For marketers managing loyalty programs, this distinction is relevant when determining whether messages require consent and an unsubscribe options under CASL.

Practical steps to reduce friction

To reduce friction and strengthen compliance, marketers can:

• Verify consent and honour unsubscribes: Clearly communicate what consumers are signing up for and maintain appropriate consent records. Ensure all unsubscribe requests are processed within 10 business days;
• Test and maintain unsubscribe mechanisms: Ensure unsubscribe mechanisms remain functional for at least 60 days after a commercial electronic message is sent. As a best practice, test links before deployment and periodically after, and use stable, persistent unsubscribe links that won't break when campaigns or platforms change;
• Respect communication preferences: Review how account-related and promotional messages are classified and ensure consent and unsubscribe mechanisms requirements are applied appropriately across systems and channels;
• Review telemarketing practices: Confirm telemarketing campaigns align with applicable DNCL and UTR requirements, including registration, subscriptions and calling hours; and
• Create and regularly audit a compliance program: Establish clear responsibilities, review consent records and suppression lists, and provide relevant training to staff. Where third parties are involved, ensure agreements clearly address applicable compliance responsibilities.

Turning complaint insights into action

Consumer complaints provide a valuable opportunity to assess whether existing practices are working. For marketers, the takeaway is to use these insights to inform periodic reviews, identify potential gaps and ensure processes remain effective as campaigns, technologies and customer communications evolve.

The CMA provides tools and guidance to help marketers stay ahead. For more insights, explore our compliance and best practices resources including guides on CASL, Telemarketing, and Loyalty Programs. If you have any questions, reach out to our team.