Mercury added a new section governing recurring automatic payments (autopay) on invoices, effective June 26, 2026. The updated terms establish that payers authorize recurring ACH debits through a separate addendum, and specify that Mercury will not reinitiate failed payments, will automatically cancel autopay after two consecutive failures, and will only re-attempt once if a Mercury system issue causes a missed payment date. Mercury also states it is not liable for losses from authorization failures, unauthorized debits, or payer cancellations, except as required by law.
Mercury's updated terms establish detailed rules for how recurring autopay works on invoices. Under the revised language, payers authorize recurring ACH debits through a separate addendum, Mercury will not retry failed payments (except once if caused by a Mercury system issue), and autopay authorization will automatically cancel after two consecutive failures in a series. You can prevent autopay cancellation by ensuring payers have sufficient funds, re-enrolling the payer, or requesting manual payment if the series fails twice.
The updated terms establish new operational procedures for autopay failure handling that directly affect revenue collection reliability for subscription and recurring billing businesses. Organizations relying on Mercury for recurring payments must understand that authorizations will auto-terminate after 2 consecutive failures and will not be re-attempted by Mercury except once for Mercury-caused system delays, requiring manual re-enrollment or collections for failed series.
→ Review your payer authorization documents to confirm they disclose the auto-cancellation rule after 2 consecutive failures.
→ Update billing disclosures and onboarding materials to explain that Mercury will not retry failed payments and that payers must have sufficient funds or re-authorize.
→ Payers enrolled in recurring invoice series will experience automatic authorization cancellation after 2 consecutive failed payments, with no further collection attempts by Mercury.
→ Failed payments will be treated as unpaid invoices, and organizations will retain full responsibility for collecting from the payer.
ConductAtlas has recorded 2 material changes to this document (since May 2026).
Authorization automatically cancels after 2 consecutive failed recurring payments; continued collection requires payer re-enrollment or manual payment.
Mercury will not re-attempt failed payments except once if the failure was due to a Mercury system issue; payer remains responsible for collecting from non-payer.
Mercury disclaims liability for losses from payer authorization, failure to authorize, cancellation, or unauthorized debits, except as required by law.
This change record describes what was added, removed, or modified in the document. Analysis reflects what the updated agreement states or permits. It does not constitute a legal determination about enforceability. Applicability may vary by jurisdiction. Methodology
If a payer's autopay payment fails twice in a row, Mercury will automatically cancel their authorization and the business must either re-enroll the payer or collect manually.
Mercury added a new section detailing autopay governance that establishes explicit procedures for payment failures, authorization cancellations, and Mercury's liability limitations. The terms state Mercury will not reinitiate failed entries (except once for Mercury system errors), will auto-cancel authorizations after two consecutive failures, and disclaims liability for losses except as required by law. This engages NACHA ACH rules and the Electronic Funds Transfer Act (Regulation E), which may require specific disclosures to payers and may limit Mercury's ability to fully disclaim liability for unauthorized debits. Organizations relying on recurring payments through Mercury should review whether these terms align with their own customer communication and compliance frameworks, particularly regarding advance authorization disclosures to payers.
EFTA/Regulation E (15 USC 1693 et seq), NACHA Operating Rules
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ConductAtlas provides verified policy intelligence sourced directly from platform documents. All analysis is intended to support, not replace, legal and compliance review. Record CA-C-003292.
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