{
  "id": "CON-147",
  "slug": "con-147",
  "title": "An exemption relied on must be met in every one of its conditions",
  "statement": "Where a 47 CFR 64.1200(a)(9) exemption is relied on, every condition attached to it must be satisfied — free to the end user, within the message caps, sender identified, and opt-out in each message.",
  "rationale": "These exemptions are narrow and conditional, and failing any single condition collapses the whole thing back to needing consent — retrospectively, for everything already sent. The healthcare cap is the one most often missed: one message per day and three per week combined across voice and text, counted per patient rather than per programme.",
  "layer": "CONSENT_FLOW",
  "layerSlug": "consent-flow",
  "object": "exemption claim",
  "severity": "BLOCKING",
  "detectability": [
    "AI_FORM"
  ],
  "failureClass": "TERMINAL_EVIDENCE",
  "authorities": [
    "FCC"
  ],
  "applicabilityText": "Applies to every 10DLC registration.",
  "universal": true,
  "remediation": "Go through the conditions for the specific exemption you are claiming and evidence each: that the messages are free to the recipient, that your declared frequency is inside the cap, that every message identifies you, and that every message carries an opt-out. Where any fails, collect consent instead and stop relying on the exemption.",
  "example": "Package-delivery exemption: notifications are free to the recipient, one per shipment, identify Acme Coffee by name, and carry \"Reply STOP to opt out\" — honoured within six business days.",
  "pitfalls": [
    "The healthcare cap counts voice calls and texts together, so a practice already making reminder calls is usually over it before the SMS programme sends anything."
  ],
  "notes": "The registry holds no free-to-end-user fact and no per-recipient frequency, so the conditions are pushed into the judgement criteria rather than expressed as applicability, and the rule only fires where the submission itself claims an exemption.",
  "phase": "approval",
  "automated": true,
  "url": "https://ekas.io/rules/10dlc/consent-flow/con-147/",
  "markdown": "https://ekas.io/rules/10dlc/consent-flow/con-147.md",
  "registry": "https://ekas.io/rules/10dlc/",
  "updated": "2026-07-25",
  "licence": "CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/"
}