Promotional consent must state it is not a condition of purchase
The requirementstatement
A promotional opt-in must carry the explicit statement that consent is not a condition of any purchase.
- Severityseverity
- BlockingBLOCKINGBreaking this rule gets the submission rejected. There is no partial credit.
- 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
- FCCCTIATCRTwilio
- When it appliesapplicabilityText
- Applies when the use case is MARKETING, MIXED, SWEEPSTAKE and LOW_VOLUME.
Why this rule existsrationale
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.
How to fix itremediation
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.
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.
Common mistakespitfalls
- Adding the sentence while the form still refuses to submit without the box ticked fails the stricter CON-NOT-GATED rule instead.
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-PURPOSEConsent disclosure must state the message type or purposeBlockingBLOCKING
CON-DISC-NOT-CONDITION is one of 101 consent flow rules in the 915-rule 10DLC registry. Free to cite under CC BY 4.0.