{
  "id": "CON-113",
  "slug": "con-113",
  "title": "The disclosure must read as a disclosure, not as more marketing copy",
  "statement": "The consent disclosure must be clear and conspicuous, and set apart from the advertising copy and any other disclosures around it.",
  "rationale": "This is the legal standard the specific placement rules exist to serve, and it catches the cases they miss: a disclosure that is present, visible, adjacent, and still lost inside a paragraph of promotional text. A consumer skimming an offer does not parse a sentence about message rates buried in the middle of it, so the words were technically supplied and functionally absent.",
  "layer": "CONSENT_FLOW",
  "layerSlug": "consent-flow",
  "object": "rendered disclosure",
  "severity": "BLOCKING",
  "detectability": [
    "CRAWL"
  ],
  "failureClass": "TERMINAL_WEBSITE",
  "authorities": [
    "FCC",
    "CTIA",
    "T-Mobile",
    "Bandwidth"
  ],
  "applicabilityText": "Applies to every 10DLC registration.",
  "universal": true,
  "remediation": "Give the disclosure its own block: its own lines, separated from the promotional copy and from any other agreement text on the page. Done when a reader can point to where the marketing stops and the terms begin.",
  "example": "Get 20% off your first order when you join Acme Coffee Rewards.\n\n☐ Text me Acme Coffee offers. Msg frequency varies. Msg & data rates may apply. Reply STOP to unsubscribe, HELP for help.",
  "pitfalls": [
    "Merging the SMS disclosure into the same paragraph as the email and cookie notices makes all three unreadable, and reviewers treat the SMS one as the casualty."
  ],
  "notes": "The standard itself rather than one of its mechanical proxies, so it is deliberately the last resort: where CON-107, CON-109 and CON-110 all pass and the disclosure is still not conspicuous, this is the rule that says so.",
  "phase": "approval",
  "automated": true,
  "url": "https://ekas.io/rules/10dlc/consent-flow/con-113/",
  "markdown": "https://ekas.io/rules/10dlc/consent-flow/con-113.md",
  "registry": "https://ekas.io/rules/10dlc/",
  "updated": "2026-07-25",
  "licence": "CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/"
}