{
  "id": "CON-DISC-NOT-CONDITION",
  "slug": "con-disc-not-condition",
  "title": "Promotional consent must state it is not a condition of purchase",
  "statement": "A promotional opt-in must carry the explicit statement that consent is not a condition of any purchase.",
  "rationale": "This is a required element of TCPA express written consent, not a courtesy. Consent extracted as the price of completing a purchase is not freely given, and a plaintiff can void every opt-in collected that way — which is why carriers treat the missing sentence as a blocking defect rather than a wording preference.",
  "layer": "CONSENT_FLOW",
  "layerSlug": "consent-flow",
  "object": "consent disclosure text",
  "severity": "BLOCKING",
  "detectability": [
    "CRAWL",
    "VISION"
  ],
  "failureClass": "TERMINAL_WEBSITE",
  "authorities": [
    "FCC",
    "CTIA",
    "TCR",
    "Twilio"
  ],
  "applicability": {
    "useCases": [
      "MARKETING",
      "MIXED",
      "SWEEPSTAKE",
      "LOW_VOLUME"
    ]
  },
  "applicabilityText": "Applies when the use case is MARKETING, MIXED, SWEEPSTAKE and LOW_VOLUME.",
  "universal": false,
  "remediation": "Add the sentence \"Consent is not a condition of any purchase.\" to the disclosure, and make sure it is true — the form must submit with the box unchecked.",
  "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.",
  "pitfalls": [
    "Adding the sentence while the form still refuses to submit without the box ticked fails the stricter CON-NOT-GATED rule instead."
  ],
  "catalogIds": [
    "CON-073"
  ],
  "phase": "approval",
  "automated": true,
  "url": "https://ekas.io/rules/10dlc/consent-flow/con-disc-not-condition/",
  "markdown": "https://ekas.io/rules/10dlc/consent-flow/con-disc-not-condition.md",
  "registry": "https://ekas.io/rules/10dlc/",
  "updated": "2026-07-25",
  "licence": "CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/"
}