Informational Missing Express Consent
Why This Rejection Happens
The vetting agent determined that your messages are informational (e.g., appointment reminders, delivery updates, 2FA) but you failed to demonstrate "Express Consent." While informational messages do not require "written" consent (like marketing), they still require the user to explicitly agree to receive the messages.
Common Triggers: Assuming that obtaining a phone number during checkout implies consent for SMS, or failing to upload a verbal script for phone-based opt-ins.
Root Cause Analysis
Primary Triggers
- Implied vs. Express: You relied on "Implied Consent" (e.g., "They gave me their number, so I can text them"). For recurring automated messages, this is insufficient. You need an affirmative action (e.g., "Check this box to get updates").
- Missing Script: You indicated users opt-in verbally, but did not provide the exact script your agents read to the customer.
- Scope Creep: The user agreed to "Account Alerts" but you are sending broad "Newsletters."
Required Elements
| Consent Type | Standard | Example |
|---|---|---|
| Express Consent | Affirmative Action | User types their number into a form labeled "Receive delivery updates." |
| Verbal Consent | Documented Script | Agent asks: "Would you like to receive SMS reminders?" and records the "Yes." |
| No "Written" Requirement | Less Strict than Marketing | Unlike Code 2101, you do NOT strictly need a checkbox, but the user must still clearly opt-in. |
Step-by-Step Remediation
Review Your Point of Collection
Where does the user give you their number? If it's a checkout flow, does the field say "Phone (for shipping updates)"? If it just says "Phone," you have not obtained express consent for SMS.
✓ Compliant Label
Field Label: "Mobile Number for Order Status Updates"
(User knows why they are entering it.)
✗ Non-Compliant Label
Field Label: "Phone"
(Ambiguous. Could be for landline/calls only.)
Document Verbal Opt-In (If Applicable)
If you collect consent over the phone or in person, you must paste the script into the campaign description. Do not just say "We ask them."
Required Script Format: "Do you consent to receive text messages about your appointment from [Brand]? Standard rates apply."
Check for Hidden "Marketing"
Ensure your "Informational" messages don't contain upsells. If they do, you are subject to the stricter Code 2101 (Written Consent) rules. Keep informational traffic purely transactional.
Carrier-Specific Requirements
T-Mobile
- Requires visual proof (screenshot or URL) showing that the user is aware they will be texted.
- Rejects "Implied Consent" arguments for recurring messaging campaigns.
AT&T
- Focuses on the "Call-to-Action" description. If you say users opt-in via web, but the site has no SMS disclosure, it is rejected.
MyTCRPlus Tools That Can Help
Consent Form Builder
Quickly generate compliant opt-in language for informational use cases.
Use This Tool →Audit Documentation Generator
Create a PDF proof of your verbal scripts and opt-in flows for carrier review.
Use This Tool →Pre-Resubmission Checklist
- The phone input field clearly states what the number is used for (e.g., "for alerts").
- If using verbal consent, the exact script is included in the description.
- I am not sending marketing content under this informational campaign.
- Screenshots of the opt-in flow are provided (if behind login).
- The Privacy Policy is accessible from the opt-in point.
Common Mistakes to Avoid
❌ The "Business Card" Assumption
Just because someone gave you a business card or emailed you does not mean they consented to automated SMS alerts. You must ask specifically for SMS permission.
❌ Confusing Informational with Promotional
Sending a "Happy Birthday, here is 10% off" text is Marketing, not Informational. If you do this, you need Written Consent (Code 2101), not just Express Consent.
Expected Timeline
This guidance provides general information about 10DLC compliance requirements. While informational messaging has slightly more flexible consent standards than marketing, "Express Consent" is still a hard requirement under carrier policy. Organizations should ensure they have a clear record of user permission. MyTCRPlus does not provide legal advisory services or regulatory representation.