The disclosure must sit next to the button the consumer presses
The requirementstatement
The consent language must appear directly beneath the phone field or immediately above the submit control.
- 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
- disclosure position relative to the submit control
- Where it liveslayer
- Consent flowCONSENT_FLOW
- How Ekas settles itdetectability
- AI · visionVISION
- Needs the pixels: a screenshot of the opt-in surface, a scanned paper form, an MMS attachment.
- 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
- KlaviyoInfobipSalesmsgQuo
- When it appliesapplicabilityText
- Applies when consent was collected by web form, checkout, account settings, third party and point of sale.
Why this rule existsrationale
Consent is given at the instant of submitting, so the words that count are the ones in view at that instant. A disclosure at the top of a long form has scrolled away by the time the consumer acts, which is why the placement is specified as a position relative to the button rather than as presence on the page.
How to fix itremediation
Move the disclosure into the gap between the last input and the submit button. Done when a screenshot cropped to the submit button still contains the whole disclosure.
Common mistakespitfalls
- Long forms pass on desktop and fail on mobile, where the same block falls a full screen above the button — check the narrow viewport before capturing evidence.
Rules you will hit next
Other consent flow rules at the same severity. A registration is judged as a whole, not rule by rule.
CON-017An offline opt-in still needs a findable business behind itHighHIGHCON-033Opt-in evidence must be the live surface, not a mockup of itHighHIGHCON-038Verbally-collected informational campaigns need the mockup and the messagesHighHIGHCON-042The phone field must be optional on a general-purpose formHighHIGHCON-044A required phone field must carry an SMS disclaimer beside itHighHIGHCON-064A kiosk or terminal must not pre-fill the consumer's numberHighHIGH
CON-109 is one of 101 consent flow rules in the 915-rule 10DLC registry. Free to cite under CC BY 4.0.