Marketing Missing Written Consent
Why This Rejection Happens
The vetting agent identified that your campaign messages contain marketing, promotional, or sales content, but your opt-in method (Call-to-Action) only provides "implied" or verbal consent. Federal regulations (TCPA) strictly require express written consent for marketing messages.
Common Triggers: Collecting numbers verbally at a point of sale, using a generic "Contact Us" form without a checkbox, or importing a list of past customers who never agreed to SMS marketing.
Root Cause Analysis
Primary Triggers
- Implied vs. Written: You assumed that because a customer bought something, you can text them ads. This is false. Transactional history allows for receipts, not marketing.
- Missing Checkbox: Your web form collects a phone number but lacks an unchecked checkbox explicitly agreeing to SMS terms.
- Verbal Collection: You stated numbers are collected "verbally" or "over the phone." Verbal consent is generally insufficient for promotional/marketing campaigns; it must be recorded or confirmed via double opt-in.
Required Elements
| Element | Requirement | Rationale |
|---|---|---|
| Express Written Consent | Checkbox or Digital Signature | Marketing messages require a higher standard of proof than informational alerts. |
| Clear Disclosure | "I agree to receive marketing..." | The user must know exactly what they are signing up for (ads/promos). |
| Not Required for Purchase | Consent cannot be a condition | You cannot force a user to sign up for texts just to buy a product. |
Step-by-Step Remediation
Implement a Checkbox (For Web Forms)
If you collect numbers online, add an optional, unchecked checkbox near the submit button.
✓ Compliant
🔳 I agree to receive promotional messages from [Brand] at the phone number provided. Reply STOP to unsubscribe. Msg & Data rates may apply.
✗ Non-Compliant
By clicking submit, you agree to our Terms. (Hidden consent is invalid for marketing).
Implement Double Opt-In (For Verbal/Paper)
If you must collect numbers verbally (e.g., at a salon or POS), you cannot just start sending ads. You must trigger a "Double Opt-In" confirmation message first.
Required Flow: User gives number -> You send: "Reply Y to join [Brand] VIP alerts." -> User replies Y -> Marketing starts.
Update Campaign Description
Explicitly describe how the written consent is obtained. Do not be vague.
"Users enter their phone number and check a box on our website [URL] to agree to marketing messages."
Carrier-Specific Requirements
T-Mobile
- Aggressively enforces TCPA standards. If marketing content is found without a checkbox or double opt-in proof, the campaign is blocked.
AT&T
- Requires the "Call-to-Action" description to match the "Message Flow." If you say consent is written, the samples shouldn't imply a cold outreach.
MyTCRPlus Tools That Can Help
Consent Form Builder
Generate compliant HTML code for your opt-in checkbox and disclosure text.
Use This Tool →Audit Documentation Generator
Create a proof-of-consent package (screenshots and logs) to attach to your submission.
Use This Tool →Pre-Resubmission Checklist
- My web form has an unchecked checkbox for SMS consent.
- The disclosure text explicitly mentions "marketing" or "promotional" messages.
- I am not relying on "past purchase history" as consent.
- If using verbal entry, I have documented a Double Opt-In flow.
- The Privacy Policy is linked near the checkbox.
Common Mistakes to Avoid
❌ "Existing Customer" Fallacy
Just because someone is a customer doesn't mean they want ads. You cannot import your entire CRM list into an SMS marketing campaign unless you have a record of them checking a box specifically for SMS.
❌ Buried in Terms & Conditions
Consent cannot be buried in a 50-page Terms document. It must be clear and conspicuous at the point of entry.
Expected Timeline
This guidance provides general information about 10DLC compliance requirements and TCPA regulations. It does not constitute legal advice. Marketing messages carry strict consent requirements to prevent spam. Non-compliance can result in significant legal and financial penalties. Organizations should consult legal counsel regarding their specific consent practices. MyTCRPlus does not provide legal advisory services.