Consent disclosure must disclose automated, recurring messaging
The requirementstatement
The consumer must be told the messages are automated and recurring — a TCPA express-written-consent element.
- Severityseverity
- HighHIGHRejected by at least one carrier or provider, and a common cause of failure at the rest.
- When it bitesphase
- Gates approvalapprovalGet this wrong and the brand or campaign is refused at registration.
- What is checkedobject
- consent disclosure text
- Where it liveslayer
- Consent flowCONSENT_FLOW
- How Ekas settles itdetectability
- AI · crawlCRAWLAI · visionVISION
- Needs your live site or policy page fetched and read. Ekas crawls it the way a reviewer would. Needs the pixels: a screenshot of the opt-in surface, a scanned paper form, an MMS attachment.
- 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
- FCCCTIA
- When it appliesapplicabilityText
- Applies to every 10DLC registration.
Why this rule existsrationale
TCPA consent is specifically consent to be contacted by an automatic telephone dialing system. A disclosure that reads like a human will occasionally text does not obtain that consent, so the opt-ins collected under it are legally weaker than they appear.
How to fix itremediation
Use "recurring automated marketing text messages" in the consent sentence. Both words matter: "automated" carries the TCPA element and "recurring" sets the frequency expectation.
A compliant exampleexample
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.
Rules you will hit next
6 other rules read consent disclosure text. Fixing one field to satisfy a single rule is how a resubmission trades one rejection for another, so read these before you change anything.
CON-060The opt-in language must actually say SMS or text messageBlockingBLOCKINGCON-080The disclosure must name the programme the consumer is joiningBlockingBLOCKINGCON-123Every entity allowed to send must be named in the consentBlockingBLOCKINGCON-125Consent must not be claimed on behalf of unnamed partnersBlockingBLOCKINGCON-DISC-BRANDConsent disclosure must identify the sending brand by nameBlockingBLOCKINGCON-DISC-NOT-CONDITIONPromotional consent must state it is not a condition of purchaseBlockingBLOCKING
CON-DISC-AUTOMATED is one of 101 consent flow rules in the 915-rule 10DLC registry. Free to cite under CC BY 4.0.