Consent must name the seller whose messages are delivered
The requirementstatement
Where a reseller or agency sends, the consent must authorise messages delivered, or caused to be delivered, by the named seller.
- Severityseverity
- HighHIGHRejected by at least one carrier or provider, and a common cause of failure at the rest.
- When it bitesphase
- Gates approvalapprovalGet this wrong and the brand or campaign is refused at registration.
- What is checkedobject
- the consent text vs the sending entity
- Where it liveslayer
- BrandBRAND
- How Ekas settles itdetectability
- AI · formAI_FORM
- A semantic question about what you wrote: whether a description matches a use case, whether a name looks like a filed entity. Judged by a model against written criteria.
- What the fix involvesfailureClass
- Fix the websiteTERMINAL_WEBSITE
- The fix lives on your site. No amount of rewording the form clears it.
- Who requires itauthorities
- FCC
- When it appliesapplicabilityText
- Applies to every 10DLC registration.
Why this rule existsrationale
Consent runs to a named party, and the FCC's definition covers messages a seller causes to be delivered as well as ones it sends itself — so consent naming the agency does not authorise the brand, and consent naming the brand does authorise its vendor. Getting this backwards is how a compliant-looking programme ends up with consent that covers nobody who is actually texting.
How to fix itremediation
Word the opt-in so it names the business the customer knows — the seller — and covers messages sent on its behalf: "…to receive texts from Acme Coffee or its service providers." Done when the name in the consent is the brand on the registration.
Notesnotes
Applies where an agency or ISV sends on the brand's behalf. The condition lives in the criteria rather than in a tag, because no fact on the registration says who operates the sending — and the criteria open with the PASS boundary for the ordinary case where the brand sends for itself.
Rules you will hit next
Other brand rules at the same severity. A registration is judged as a whole, not rule by rule.
BRD-006Submit every name line above the address on a multi-line IRS recordHighHIGHBRD-007TCR takes only the first line of the IRS-registered nameHighHIGHBRD-010Take the legal name from the CP-575 or 147C, never a W-2 or W-9HighHIGHBRD-014An acquired business registers the details it filed taxes underHighHIGHBRD-027EIN must be old enough to have propagated to IRS recordsHighHIGHBRD-034Validate a non-US identifier against its home register before submittingHighHIGH
BRD-168 is one of 196 brand rules in the 915-rule 10DLC registry. Free to cite under CC BY 4.0.