Both countries, side by side
How outbound stays lawful in Canada and the United States.
Vivin is based in Ottawa and runs campaigns in both countries. The rules differ, and both the agency and the client can be liable, so this page sets out exactly how each channel is run under each regime. Updated September 2026.
| Channel or topic | Canada | United States |
|---|---|---|
| Cold email to businesses | CASL. Business-to-business messages rely on implied consent from a published business address or an existing relationship, must identify the sender, and must carry a working unsubscribe honoured within 10 days. Vivin sends from identified Vivin-run domains with a physical mailing address and one-click unsubscribe. | CAN-SPAM. No consent requirement for B2B, but every message must identify the sender, carry a postal address, and honour opt-outs within 10 business days. Same sending setup applies. |
| Campaign leads (pay-per-lead) | The buyer asks for a quote or a conversation on a Vivin-run form, which is express consent under CASL for the verification call and the follow-up. The form names Vivin and the client, states what happens next, and carries the privacy notice. The verification call is recorded with disclosure. | The form carries written consent to be contacted by phone, text and email, which satisfies TCPA prior-express-consent rules for the verification call and the client follow-up. Recording is disclosed at the start of the call. |
| Cold calls to business lines | National Do Not Call List rules apply to calls to individuals; business-to-business calls are exempt from the National DNCL but must honour the called party's own do-not-call request. Vivin identifies itself and Vivin's client at the start of every call and logs every do-not-call request into the suppression list. | TCPA and the FTC Telemarketing Sales Rule. Business lines are outside the National Do Not Call Registry, but manual dialing, caller identification, and honouring do-not-call requests still apply. Vivin dials manually from a recorded dialer; no autodialed or prerecorded calls. |
| Calls and texts to consumers (home services) | Vivin calls a homeowner only after the homeowner has requested a quote through a Vivin-run campaign. That request is express consent under CASL for the follow-up call and message. The National DNCL is scrubbed before any call that is not a response to a request. | Written consent is obtained on the quote-request form before any text or call. No autodialed or prerecorded calls to mobiles without that consent. The National Do Not Call Registry is scrubbed before any call that is not a response to a request. |
| LinkedIn outreach | Messages are sent from a named person, one at a time, within LinkedIn's terms of use. A decline is honoured and logged. | Same. |
| Call recording | Recording with one-party consent is lawful in Canada; Vivin discloses the recording at the start of the call anyway. | Vivin discloses recording at the start of every call, which satisfies the all-party-consent states (including California, Florida, Illinois, Washington). |
| Data handling | PIPEDA. Business contact information used for business communication is exempt from consent requirements, but Vivin still limits collection to what the profile needs, stores records in Canada or the US with access controls, and deletes recordings after 12 months. | State privacy laws (California CPRA and others) mostly exempt business-to-business contact data, but Vivin applies the same retention and access limits in both countries. |
| Suppression lists | Loaded before launch. Every do-not-call, unsubscribe, and decline is added within one business day and honoured for the life of the engagement. | Same, plus the National Do Not Call Registry scrub for any consumer calling. |
| Regulated verticals | Financial advisors, mortgage brokers, law firms, and insurance brokers: no fee tied to accounts, mortgages, matters, or policies. Pay-per-lead and pay-per-appointment are flat marketing fees. Ontario mortgage referral rules (FSRA) are respected. | Same. RESPA Section 8 for mortgage, state bar rules for law firms, state insurance licensing for insurance, FINRA and SEC rules for advisors. |
This page describes Vivin's operating practice and is not legal advice. Statutes: Canada's Anti-Spam Legislation (CASL), the Unsolicited Telecommunications Rules and National DNCL, PIPEDA; the US Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, CAN-SPAM.
Is cold email legal in Canada?
Yes for business-to-business messages that meet CASL's conditions: the recipient's address is published or there is an existing relationship, the message identifies the sender with a mailing address, and an unsubscribe works and is honoured within 10 days. Vivin meets all three on every message.
Is cold calling legal in the United States and Canada?
Yes to business lines, with caller identification and honouring do-not-call requests. Calls to consumers need a Do Not Call scrub, and texts or autodialed calls to mobiles need prior consent. Vivin calls businesses on a manual, recorded dialer, and calls consumers only after they request a quote.
Who is liable if a rule is broken?
Both the sender and the business on whose behalf the message is sent can be liable under CASL and the TCPA. That is why Vivin publishes how it works, loads your suppression list before launch, and keeps recordings and threads for 12 months as evidence.
Does Vivin buy or sell lists?
Vivin builds lists to the written profile from business registries and firmographic data and does not resell contacts. Home-services quote requests are captured through Vivin-run campaigns and delivered to one contractor.
Terms and pricing
The lead agreement and the price bands are published too.
Vivin Facilitators Ltd., Ottawa, Ontario, Canada.