Declining to be recorded must not block the opt-in
The requirementstatement
A programme taking spoken consent must have a documented no-recording evidence path, and must never refuse a consumer the opt-in because they declined recording.
- 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
- campaign.message_flow
- Where it liveslayer
- OperationalOPERATIONAL
- How Ekas settles itdetectability
- AI · formAI_FORM
- A semantic question about what you wrote: whether a description matches a use case, whether a name looks like a filed entity. Judged by a model against written criteria.
- What the fix involvesfailureClass
- Fix the fieldRETRY_FIELD
- A better value in the form fixes it. Ekas can rewrite it and re-check.
- Who requires itauthorities
- FTCpractice
- When it appliesapplicabilityText
- Applies when consent was collected by live verbal.
Why this rule existsrationale
How to fix itremediation
Describe the fallback: a contemporaneous CRM attestation carrying the agent ID, the timestamp, the script version and the consumer's verbatim assent. Done when the flow says what happens when a consumer declines recording, and the answer is not "we cannot enrol them".
A compliant exampleexample
If the consumer declines recording, the agent stores the verbatim assent, agent ID, timestamp and script version in the CRM; the opt-in proceeds on that record.
Common mistakespitfalls
- A fallback that only records "consent given: yes" is the same evidentiary gap the recording was there to close.
Rules you will hit next
6 other rules read campaign.message_flow. Fixing one field to satisfy a single rule is how a resubmission trades one rejection for another, so read these before you change anything.
OPS-239 is one of 139 operational rules in the 915-rule 10DLC registry. Free to cite under CC BY 4.0.