{
  "id": "CMP-091",
  "slug": "cmp-091",
  "title": "Implied consent needs a conversation the consumer started",
  "statement": "Implied consent is acceptable only where both the use case and the message flow are conversational, with the consumer sending first.",
  "rationale": "Implied consent exists for the case where a consumer texts a business and the business texts back, because the consumer initiating is the consent. Stretching it to cover a list the business assembled inverts that: nobody initiated anything, and the \"conversation\" is one-way. Businesses land here by reasoning from an existing relationship — these are our customers, they gave us their number — which is exactly the inference the standard exists to block.",
  "layer": "CAMPAIGN",
  "layerSlug": "campaign",
  "object": "campaign.usecase + campaign.message_flow",
  "severity": "BLOCKING",
  "detectability": [
    "AI_FORM"
  ],
  "failureClass": "RETRY_FIELD",
  "authorities": [
    "CTIA",
    "Infobip"
  ],
  "codes": [
    {
      "provider": "Infobip",
      "code": "3013A",
      "remediable": true
    }
  ],
  "applicabilityText": "Applies to every 10DLC registration.",
  "universal": true,
  "remediation": "Collect express consent for anything the consumer did not start: a checkbox, a keyword they texted, a form they submitted. Reserve implied consent for replies inside a thread the consumer opened. Done when every number on the list either texted you first or affirmatively opted in.",
  "example": "A customer texts Acme Coffee asking about store hours and we reply about store hours — that is the whole of what implied consent covers.",
  "pitfalls": [
    "A number collected during a purchase is not a consumer-initiated conversation; the purchase was the conversation, and it was not by text."
  ],
  "notes": "Conditional on implied consent actually being claimed, and we hold no such fact, so the condition lives in the criteria and the rule opens with a PASS boundary. CTIA is explicit that a one-way alert is never conversational however short the messages are.",
  "catalogIds": [
    "CON-119"
  ],
  "phase": "approval",
  "automated": true,
  "url": "https://ekas.io/rules/10dlc/campaign/cmp-091/",
  "markdown": "https://ekas.io/rules/10dlc/campaign/cmp-091.md",
  "registry": "https://ekas.io/rules/10dlc/",
  "updated": "2026-07-25",
  "licence": "CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/"
}