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: consent given to one company cannot be shared with others (2025 FCC update)
Penalties: $500–$1,500 per violation; class action lawsuits common; average settlement $6.6M
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–$1,500 per call/text	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 national DNC registry and TCPA litigator databases. 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 code, 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 number validation API covers all US and Canada numbers — returning country, region, carrier, line type, and DNC status in a single call. New accounts receive 1,000 free validation credits, no credit card required.

CASL vs TCPA: Phone Marketing Compliance in Canada and the United States (2026 Guide)