# CMP-091 — Implied consent needs a conversation the consumer started

> Implied consent is acceptable only where both the use case and the message flow are conversational, with the consumer sending first.

- **Rule ID:** CMP-091
- **Layer:** Campaign (`CAMPAIGN`)
- **Checks:** `campaign.usecase + campaign.message_flow`
- **Severity:** BLOCKING — Breaking this rule gets the submission rejected outright.
- **When it bites:** Gates approval — get this wrong and registration is refused
- **How it is detected:** AI judgement over the submitted form
- **Fix type:** Fix the field — a better value in the form clears it
- **Required by:** CTIA, Infobip
- **Applies:** Applies to every 10DLC registration.
- **Canonical URL:** https://ekas.io/rules/10dlc/campaign/cmp-091/

## Why this rule exists

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.

## How to fix it

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 of a compliant value

```text
A customer texts Acme Coffee asking about store hours and we reply about store hours — that is the whole of what implied consent covers.
```

## Common mistakes

- A number collected during a purchase is not a consumer-initiated conversation; the purchase was the conversation, and it was not by text.

## Provider rejection codes

| Provider | Code | Resubmission allowed |
| --- | --- | --- |
| Infobip | `3013A` | yes |

## 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.