Affirm · Affirm Terms of Service · View original document ↗

Electronic Communications Consent

Medium severity High confidence Explicitdocumentlanguage Rare · 6 of 325 platforms
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Document Record

What it is

By signing up for Affirm, you agree to receive all legally required notices, loan disclosures, tax statements, and account communications electronically rather than by paper mail.

This analysis describes what Affirm's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This consent covers legally required financial disclosures including tax statements and loan agreements; if you miss an electronic notice, you may miss important deadlines or changes to your loan terms.

Consumer impact (what this means for users)

This provision means Affirm will deliver all account notices, including tax documents and loan disclosures, to your email or through the app rather than by paper, so keeping your contact information current is important to avoid missing critical communications.

How other platforms handle this

DraftKings Medium

We and our service providers and other vendors may record, monitor, and retain emails, chats, calls, and texts. By communicating with us, you consent to this recording, monitoring, and retention. We may use chatbot technology and other automated methods of communication.

Activision Medium

YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority, your parent or legal guardian must consent to this agreement.

Paramount+ Medium

The Service is not directed to children under the age of 16. If you are under the age of 16, you may only use the Service with the involvement and consent of a parent or guardian. If you are a parent or guardian and you are aware that your child has provided us with personal information without your...

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▸ View Original Clause Language DOCUMENT RECORD
"
By creating an Affirm account or using the Services, you consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, 'Communications') that Affirm provides in connection with your Affirm account and use of the Services. Communications include, but are not limited to: agreements and policies you agree to (e.g., this Agreement and Affirm's Privacy Policy), including updates to these agreements or policies; annual disclosures; transaction receipts or confirmations; account statements and history; federal and state tax statements; and responses to claims or questions filed in connection with your account.

— Excerpt from Affirm's Affirm Terms of Service

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: This provision invokes the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), which requires affirmative consumer consent to electronic delivery of legally required disclosures, including the ability to receive paper copies and withdraw consent. Under Regulation Z (Truth in Lending Act), periodic statements and loan disclosures have specific delivery requirements; electronic delivery is permissible only if E-SIGN consent requirements are met. Regulation E (Electronic Fund Transfer Act) similarly requires timely electronic delivery of required notices. The FTC also has oversight of deceptive practices related to disclosure delivery. GOVERNANCE EXPOSURE: Medium. The broad scope of communications covered by this consent, including federal and state tax statements, means that any technical failure in electronic delivery infrastructure creates direct regulatory exposure under Regulation Z and Regulation E. The consent must be demonstrably affirmative and informed to satisfy E-SIGN requirements, and records of consent should be retained. JURISDICTION FLAGS: California and New York have state-level electronic disclosure requirements that may layer on top of federal E-SIGN Act standards. Illinois and other states may have specific rules for electronic delivery of consumer lending disclosures that compliance teams should evaluate. CONTRACT AND VENDOR IMPLICATIONS: Any third-party communication or delivery platform used by Affirm to send required disclosures should be assessed in vendor due diligence to confirm delivery reliability and record-keeping for regulatory examination purposes. COMPLIANCE CONSIDERATIONS: Compliance teams should audit the onboarding consent workflow to confirm it meets E-SIGN affirmative consent standards, including a clear mechanism for consumers to withdraw electronic consent and request paper disclosures. Records of when consent was obtained and the version of the consent language presented should be maintained. The provision covering tax statements requires particular attention given IRS electronic delivery standards.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • CFPB
    The CFPB oversees compliance with Regulation Z and Regulation E electronic disclosure requirements applicable to consumer lending and payment accounts
    File a complaint →

Applicable regulations

CCPA/CPRA
California, USA
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
FCRA
United States Federal
FTC Act Section 5
United States Federal
GDPR
European Union
GLBA
United States Federal
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
TCPA
United States Federal
Universal Opt-Out Mechanism Expansion 2026
US

Provision details

Document information
Document
Affirm Terms of Service
Entity
Affirm
Document last updated
March 24, 2026
Tracking information
First tracked
May 8, 2026
Last verified
May 10, 2026
Record ID
CA-P-009584
Document ID
CA-D-00167
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
a565ccb8559b7b4faae5dea17400c26c52091a269a6d5c0d2d79110102eac0c5
Analysis generated
May 8, 2026 09:12 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Affirm
Document: Affirm Terms of Service
Record ID: CA-P-009584
Captured: 2026-05-08 09:12:37 UTC
SHA-256: a565ccb8559b7b4f…
URL: https://conductatlas.com/platform/affirm/affirm-terms-of-service/electronic-communications-consent/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Affirm's Electronic Communications Consent clause do?

This consent covers legally required financial disclosures including tax statements and loan agreements; if you miss an electronic notice, you may miss important deadlines or changes to your loan terms.

How does this clause affect you?

This provision means Affirm will deliver all account notices, including tax documents and loan disclosures, to your email or through the app rather than by paper, so keeping your contact information current is important to avoid missing critical communications.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 6 platforms. See the full comparison.

Is ConductAtlas affiliated with Affirm?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Affirm.