Email and other-channel marketing terms must be kept separate from SMS consent
The requirementstatement
Marketing terms for email and other channels must be kept separate from the SMS consent terms.
- Severityseverity
- LowLOWBest practice. Worth fixing, rarely fatal on its own.
- When it bitesphase
- Gates approvalapprovalGet this wrong and the brand or campaign is refused at registration.
- What is checkedobject
- ToS marketing-communications section
- Where it liveslayer
- Policy pagesPOLICY_PAGE
- 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 policyTERMINAL_POLICY
- The fix lives in your privacy policy or SMS terms. Ekas can generate the missing clauses.
- Who requires itauthorities
- Twilio
- When it appliesapplicabilityText
- Applies to every 10DLC registration.
Why this rule existsrationale
One control covering several channels is the bundled-consent defect Twilio codes at 30913, and the document is where the bundling is usually written down first — "by subscribing you agree to receive email and text messages" makes it official. Separating them in the terms is what lets a subscriber take one and not the other, which is the whole point.
How to fix itremediation
Give the SMS programme its own section, with its own consent statement, rather than describing it inside a general marketing-communications clause. Done when a reader can see that agreeing to one channel does not sign them up for the other.
A compliant exampleexample
Email newsletter and text messaging are separate programmes with separate sign-ups. Joining one does not join you to the other.
Provider rejection codescodes
The code you get back when this rule is what failed, and whether that provider lets you resubmit.
| Provider | Code | Resubmit |
|---|---|---|
| Twiliogen1 | 30913 | Yes |
Notesnotes
Graded LOW because the document form of the defect is a drafting question; the BLOCKING form — a single control collecting consent for both — lives in the consent-surface layer, where the harm actually happens.
Rules you will hit next
Other policy pages rules at the same severity. A registration is judged as a whole, not rule by rule.
POL-121The policy must say what it coversLowLOWPOL-137Other state-law addenda are needed where thresholds are metLowLOWPOL-138The policy should offer an accessible alternative formatLowLOWPOL-139The policy should be printableLowLOWPOL-198STOP and HELP instructions must be legible — bold is not requiredLowLOWPOL-203The terms should cover accounts and credentialsLowLOW
POL-212 is one of 157 policy pages rules in the 915-rule 10DLC registry. Free to cite under CC BY 4.0.