{
  "id": "CON-151",
  "slug": "con-151",
  "title": "Promotional messaging needs consent in writing, and must say so",
  "statement": "A campaign carrying promotional content must rest on prior express written consent, and the submission must describe that consent as a written record.",
  "rationale": "Marketing by automated text is the case the TCPA requires a writing for, and a writing is what the brand will have to produce if the consent is ever challenged. The reason to check it at registration is that the alternative is discovering years of sends rested on a verbal yes nobody wrote down — at which point every message already delivered is exposed.",
  "layer": "CONSENT_FLOW",
  "layerSlug": "consent-flow",
  "object": "consent basis; consent artifact",
  "severity": "BLOCKING",
  "detectability": [
    "AI_FORM"
  ],
  "failureClass": "TERMINAL_EVIDENCE",
  "authorities": [
    "FCC",
    "CTIA",
    "AWS",
    "Bandwidth",
    "Twilio"
  ],
  "applicability": {
    "useCases": [
      "MARKETING",
      "MIXED",
      "SWEEPSTAKE",
      "LOW_VOLUME"
    ]
  },
  "applicabilityText": "Applies when the use case is MARKETING, MIXED, SWEEPSTAKE and LOW_VOLUME.",
  "universal": false,
  "remediation": "Describe the written record: a ticked box with a stored timestamp, a signed form, a captured e-signature. Say where it is retained and what it contains. Where the consent was spoken, move the marketing programme onto a written opt-in before registering it and keep the verbal consent for the informational messages it can carry.",
  "example": "Marketing consent is captured in writing at checkout: the ticked box, the disclosure version shown, the timestamp and the session id are stored against the order and retained for four years.",
  "pitfalls": [
    "An electronic record only counts as the writing once the E-SIGN predicate is met — the consumer must have received the E-SIGN disclosures and agreed electronically, which most checkout flows have never done."
  ],
  "notes": "Oral consent remains adequate for purely informational or transactional programmes, which is why this is tagged to the promotional use cases rather than left universal.",
  "catalogIds": [
    "CON-152"
  ],
  "phase": "approval",
  "automated": true,
  "url": "https://ekas.io/rules/10dlc/consent-flow/con-151/",
  "markdown": "https://ekas.io/rules/10dlc/consent-flow/con-151.md",
  "registry": "https://ekas.io/rules/10dlc/",
  "updated": "2026-07-25",
  "licence": "CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/"
}