California law governs any legal disputes about these terms, regardless of where you live.
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
California law will apply to your agreement with Affirm even if you are a resident of another state, which may affect what consumer protections apply to your account.
Interpretive note: Enforceability of the California choice-of-law provision may be limited in states whose courts apply mandatory consumer protection statutes regardless of contractual choice-of-law.
This provision means that if a dispute arises about your Affirm account terms, California law applies, which may provide strong consumer protections but also means residents of other states cannot rely solely on their home state's consumer protection laws.
How other platforms handle this
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions
"These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles that may require the application of the law of a different jurisdiction.Excerpt from Affirm's Terms of Service
REGULATORY LANDSCAPE: Choice-of-law clauses in consumer financial contracts may be subject to override by mandatory consumer protection statutes in the consumer's home state; courts in various states have declined to enforce choice-of-law provisions where the …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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California law will apply to your agreement with Affirm even if you are a resident of another state, which may affect what consumer protections apply to your account.
This provision means that if a dispute arises about your Affirm account terms, California law applies, which may provide strong consumer protections but also means residents of other states cannot rely solely on their home state's consumer protection laws.
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
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