SMS terms must state consent is not a condition of purchase
The requirementstatement
The SMS terms must contain the statement that consent is not a condition of any purchase.
- 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
- terms body
- Where it liveslayer
- Policy pagesPOLICY_PAGE
- How Ekas settles itdetectability
- AI · crawlCRAWL
- Needs your live site or policy page fetched and read. Ekas crawls it the way a reviewer would.
- What the fix involvesfailureClass
- Fix the policyTERMINAL_POLICY
- The fix lives in your privacy policy or SMS terms. Ekas can generate the missing clauses.
- Who requires itauthorities
- FCCCTIATCR
- When it appliesapplicabilityText
- Applies to every 10DLC registration.
Why this rule existsrationale
The same TCPA element required at the opt-in is required in the terms, so the promise survives the consumer forgetting what the checkout page said. Reviewers check both places, and the terms are the easier of the two to forget.
How to fix itremediation
Add the sentence to the SMS terms section, worded as an unconditional statement. Check it is actually true of your checkout before publishing it, because the claim is verified against the live form by a separate rule.
A compliant exampleexample
Consent to receive text messages is not a condition of any purchase.
Rules you will hit next
5 other rules read terms body. Fixing one field to satisfy a single rule is how a resubmission trades one rejection for another, so read these before you change anything.
POL-170Terms must contain a dedicated SMS/messaging sectionBlockingBLOCKINGPOL-176SMS terms must state message frequency and that rates may applyHighHIGHPOL-184SMS terms must list the supported opt-out and help keywordsHighHIGHPOL-182SMS terms must carry a carrier non-liability disclaimerMediumMEDIUMPOL-190SMS terms must give a working support contactMediumMEDIUMPOL-021Policy URLs must not redirectHighHIGH
POL-180 is one of 157 policy pages rules in the 915-rule 10DLC registry. Free to cite under CC BY 4.0.