{
  "id": "CON-BOX-PRESENT",
  "slug": "con-box-present",
  "title": "An explicit affirmative opt-in control must exist",
  "statement": "Consent must be captured by a deliberate affirmative action — a checkbox, toggle, or signature — never inferred from form submission.",
  "rationale": "Express written consent requires an act that means \"yes to messages\" and nothing else. When consent is bundled into pressing Submit, there is no way to distinguish someone who wanted texts from someone who wanted an account, and no way to evidence the difference later.",
  "layer": "CONSENT_FLOW",
  "layerSlug": "consent-flow",
  "object": "consent surface",
  "severity": "BLOCKING",
  "detectability": [
    "CRAWL",
    "VISION"
  ],
  "failureClass": "TERMINAL_WEBSITE",
  "authorities": [
    "CTIA",
    "TCR",
    "FCC",
    "Twilio"
  ],
  "applicability": {
    "consentMethods": [
      "web_form",
      "checkout",
      "account_settings",
      "third_party",
      "pos"
    ]
  },
  "applicabilityText": "Applies when consent was collected by web form, checkout, account settings, third party and point of sale.",
  "universal": false,
  "remediation": "Add a dedicated checkbox the customer must tick, unchecked by default, with the consent disclosure printed beside it. Replace any \"by submitting this form you agree to receive texts\" wording with a real control.",
  "example": "☐ By checking this box, you agree to receive recurring automated marketing text messages from Acme Coffee at the number provided. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe or HELP for help. See our Terms of Service and Privacy Policy.",
  "catalogIds": [
    "CON-051",
    "CON-054"
  ],
  "phase": "approval",
  "automated": true,
  "url": "https://ekas.io/rules/10dlc/consent-flow/con-box-present/",
  "markdown": "https://ekas.io/rules/10dlc/consent-flow/con-box-present.md",
  "registry": "https://ekas.io/rules/10dlc/",
  "updated": "2026-07-25",
  "licence": "CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/"
}