Implied consent needs a conversation the consumer started

The requirementstatement

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

Severityseverity: BlockingBLOCKINGBreaking this rule gets the submission rejected. There is no partial credit.
When it bitesphase: Gates approvalapprovalGet this wrong and the brand or campaign is refused at registration.
What is checkedobject: campaign.usecase + campaign.message_flow
Where it liveslayer: CampaignCAMPAIGN
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 fieldRETRY_FIELD; A better value in the form fixes it. Ekas can rewrite it and re-check.
Who requires itauthorities: CTIAInfobip
When it appliesapplicabilityText: Applies to every 10DLC registration.

Why this rule existsrationale

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 itremediation

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.

A compliant exampleexample

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 mistakespitfalls

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 codescodes

The code you get back when this rule is what failed, and whether that provider lets you resubmit.

Provider	Code	Resubmit
Infobip	3013A	Yes

Notesnotes

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.

Rules you will hit next

Other campaign rules at the same severity. A registration is judged as a whole, not rule by rule.

CMP-003Message flow must not begin or end with whitespaceBlockingBLOCKING CMP-017Every mandatory campaign attribute must be explicitly setBlockingBLOCKING CMP-024Registration fields must be written in EnglishBlockingBLOCKING CMP-028Opt-in evidence must be a JPG, PNG or PDF under 500 KBBlockingBLOCKING CMP-035The description must describe this programme, not messaging in generalBlockingBLOCKING CMP-037The description must name the business that sends the messagesBlockingBLOCKING

All campaign rules

CMP-091 is one of 94 campaign rules in the 915-rule 10DLC registry. Free to cite under CC BY 4.0.