{
  "id": "OPS-097",
  "slug": "ops-097",
  "title": "Some states cap how often you may raise the same subject",
  "statement": "Where the recipient's state sets one, a per-subject frequency cap — commonly three messages per 24 hours on the same subject matter — must be enforced.",
  "rationale": "The cap is per subject rather than per programme, which is the part that catches people: a cart reminder, a discount on the same item and a low-stock alert are three messages about one thing, sent by three different automations that each believe they are within their own limit. Nothing in a per-campaign frequency setting can see that.",
  "layer": "OPERATIONAL",
  "layerSlug": "operational",
  "object": "per-recipient send count by subject, 24-hour window",
  "severity": "HIGH",
  "detectability": [
    "UNDETECTABLE_PRE_SUBMISSION"
  ],
  "failureClass": "TERMINAL_EXTERNAL",
  "authorities": [
    "state law (FL, OK, MD, NJ, OR)"
  ],
  "applicabilityText": "Applies to every 10DLC registration.",
  "universal": true,
  "remediation": "Count sends per recipient per subject across every automation rather than per campaign, and cap at three in 24 hours for the states that set one — or universally, which is simpler and rarely costs anything. Done when three automations about one product cannot all fire on the same day.",
  "notes": "A rolling count across systems we cannot see. What the user has to build is a subject taxonomy — without one there is nothing to count against, and per-campaign counters will report compliance while the cap is being broken.",
  "phase": "post",
  "automated": false,
  "attestation": {
    "question": "Could three automations about one product all fire to the same person on the same day?",
    "howToCheck": [
      "Build a subject taxonomy first — without one there is nothing to count against, and per-campaign counters will report compliance while the cap is broken.",
      "Count sends per recipient per subject across every automation, and cap at three in 24 hours universally rather than per state."
    ],
    "failureLooksLike": "A cart reminder, a discount on the same item and a low-stock alert are three messages about one thing, sent by three automations that each believe they are within their own limit."
  },
  "url": "https://ekas.io/rules/10dlc/operational/ops-097/",
  "markdown": "https://ekas.io/rules/10dlc/operational/ops-097.md",
  "registry": "https://ekas.io/rules/10dlc/",
  "updated": "2026-07-25",
  "licence": "CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/"
}