The disclosure must read as a disclosure, not as more marketing copy
The requirementstatement
The consent disclosure must be clear and conspicuous, and set apart from the advertising copy and any other disclosures around it.
- 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
- rendered disclosure
- Where it liveslayer
- Consent flowCONSENT_FLOW
- How Ekas settles itdetectability
- AI · crawlCRAWL
- Needs your live site or policy page fetched and read. Ekas crawls it the way a reviewer would.
- 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
- FCCCTIAT-MobileBandwidth
- When it appliesapplicabilityText
- Applies to every 10DLC registration.
Why this rule existsrationale
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.
How to fix itremediation
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.
A compliant exampleexample
Get 20% off your first order when you join Acme Coffee Rewards. ☐ Text me Acme Coffee offers. Msg frequency varies. Msg & data rates may apply. Reply STOP to unsubscribe, HELP for help.
Common mistakespitfalls
- 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.
Notesnotes
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.
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-008The live CTA and the declared message flow must say the same thingBlockingBLOCKINGCON-010The three subscriber-management attributes must be declared trueBlockingBLOCKINGCON-013Subscriber attributes must agree with the message bodies suppliedBlockingBLOCKINGCON-023Evidence URLs must resolve without a loginBlockingBLOCKINGCON-024The opt-in URL must serve a certificate that verifiesBlockingBLOCKINGCON-027The opt-in URL must land on a page that carries the opt-inBlockingBLOCKING
CON-113 is one of 101 consent flow rules in the 915-rule 10DLC registry. Free to cite under CC BY 4.0.