If your business contacts phone numbers in both the United States and Canada, you operate under two different compliance regimes simultaneously. TCPA (the US Telephone Consumer Protection Act) and CASL (Canada’s Anti-Spam Legislation) share a common goal — protecting consumers from unwanted communications — but they differ significantly in consent requirements, exemptions, and penalties. This guide breaks down the key differences and explains how phone number validation supports compliance in both countries.
TCPA Overview (United States)
The TCPA is enforced by the FCC and covers telephone calls, auto-dialed messages, pre-recorded calls, and SMS marketing. Key rules for 2026:
- Prior express written consent required for marketing calls/texts to mobile numbers using auto-dialers
- Do Not Call (DNC) Registry: numbers must be scrubbed before outbound sales calls
- One-to-one consent: The FCC’s proposed one-to-one consent rule was vacated by the 11th Circuit Court of Appeals in January 2025 and did not take effect. Many businesses still collect consent per seller as good practice. This is general information, not legal advice; consult an attorney.
- Penalties: consumers can sue for $500 per violation (up to $1,500 if willful); class action lawsuits are common
- Applies to: any call or text reaching a US number, regardless of sender location
CASL Overview (Canada)
CASL is enforced by the CRTC, Competition Bureau, and Office of the Privacy Commissioner. It covers commercial electronic messages (CEMs) — email, SMS, and social media — sent to or from Canada. Key rules:
- Express consent required for most commercial messages — must be clear, specific, and documented
- Implied consent permitted in limited circumstances (existing business relationship within 2 years, publicly listed address)
- Unsubscribe mechanism required in every CEM — must be functional for 60 days after sending
- Sender identification required in every message (name, mailing address, contact information)
- Penalties: up to CAD $1 million per violation for individuals, up to CAD $10 million for businesses
- Applies to: messages sent to Canadian electronic addresses or that originate from Canadian computer systems
Key Differences: TCPA vs CASL
| Aspect | TCPA (US) | CASL (Canada) |
|---|---|---|
| Regulator | FCC | CRTC / Competition Bureau / OPC |
| Consent type | Prior express written consent for auto-dialed mobile | Express or implied consent for all CEMs |
| Implied consent | Very limited; risky to rely on | Permitted for existing business relationships (2 years) |
| DNC registry | National Do Not Call Registry (FTC) | National DNCL — separate Canada registry |
| Penalties | $500 per violation (up to $1,500 if willful) | Up to CAD $10M per violation per business |
| Private right of action | Yes — class action lawsuits common | Limited; suspended since 2017 |
| Covers voice calls | Yes | No (CASL covers electronic messages, not voice) |
| SMS coverage | Yes | Yes |
Canada’s National DNCL vs US National DNC Registry
Both countries maintain national Do Not Call Lists, but they are completely separate registries with separate registration requirements and scrubbing obligations. A number on the US DNC Registry is not automatically on the Canadian DNCL, and vice versa. If you make telemarketing calls to both US and Canadian numbers, you must scrub against both registries.
RealValidito’s DNC lookup checks US numbers against the Federal (National) DNC list, the TCPA litigator list and the state DNC lists of Texas, Florida, Pennsylvania, Indiana, Colorado and Wyoming. For Canadian numbers, the API identifies the carrier, province, and line type to help you apply the appropriate consent and DNCL scrubbing workflow.
Identifying US vs Canada Numbers for Compliance Routing
The US and Canada share the North American Numbering Plan (NANP) — both use 10-digit numbers in the same format (1 + area code + 7 digits). You cannot tell from a phone number’s format alone whether it is a US or Canadian number. RealValidito’s validation API returns the country (US or CA), region, and carrier, enabling your system to automatically route US numbers through your TCPA workflow and Canadian numbers through your CASL workflow.
Compliance Action Plan for US and Canada
- Validate every phone number at collection: confirm country (US vs Canada), line type, and carrier
- For US numbers: scrub against national DNC Registry and TCPA litigator list; require documented written consent for mobile auto-dialing
- For Canadian numbers: verify no DNCL registration; document express or implied consent; include required sender identification and unsubscribe mechanism in every message
- Validate mobile line type before SMS sends in both countries: mobile numbers on major carriers are SMS-capable; VoIP numbers often are not
- Re-validate lists every 30 days — number reassignment and DNC registrations change continuously
Start Validating US and Canada Numbers Free
RealValidito’s Phone Lookup covers US and Canadian numbers; DNC checks cover US lists only. Phone + DNC Lookup returns Valid/Invalid status, country, region, carrier, line type and DNC status in a single call. New accounts receive 1,000 free Phone credits and 100 free DNC credits, no credit card required.
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