{
  "id": "BRD-169",
  "slug": "brd-169",
  "title": "Decide whether this brand is the seller or the telemarketer",
  "statement": "The brand's role — seller or telemarketer — must be established, because the obligations and the liability differ.",
  "rationale": "The two roles carry different duties, and a seller is liable for a vendor's failure to honour do-not-call requests even where the seller never touched the message. Businesses assume that engaging an agency transfers the exposure; it adds a second liable party instead. Knowing which side you are on decides who has to hold the consent records and who answers a complaint.",
  "layer": "BRAND",
  "layerSlug": "brand",
  "object": "the brand's role classification",
  "severity": "MEDIUM",
  "detectability": [
    "AI_FORM"
  ],
  "failureClass": "TERMINAL_EVIDENCE",
  "authorities": [
    "FCC"
  ],
  "applicabilityText": "Applies to every 10DLC registration.",
  "universal": true,
  "remediation": "Write down which role this brand holds and make the consequences explicit in the vendor contract: who holds the consent records, who processes revocations, who answers a complaint. Done when both parties have the same answer in writing.",
  "notes": "A legal classification rather than a form field, so nothing about it can be validated at submission. The judgement flags which role the registration looks like; the user has to confirm it against their own contracts, because the answer decides where the liability sits rather than what to type.",
  "phase": "approval",
  "automated": true,
  "url": "https://ekas.io/rules/10dlc/brand/brd-169/",
  "markdown": "https://ekas.io/rules/10dlc/brand/brd-169.md",
  "registry": "https://ekas.io/rules/10dlc/",
  "updated": "2026-07-25",
  "licence": "CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/"
}