If you withdraw your agreement to receive communications electronically, Afterpay can restrict or close your account, meaning opting out of electronic notices is not a consequence-free choice.
This analysis describes what Afterpay'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
E-SIGN Act requirements generally permit consumers to withdraw electronic consent, but this clause ties that withdrawal to potential account closure, which creates a practical disincentive that may limit the meaningful exercise of that right.
Interpretive note: Whether the account restriction consequence of electronic consent withdrawal satisfies E-SIGN Act requirements may depend on regulatory interpretation and whether adequate paper delivery alternatives are offered.
Exercising your legal right to withdraw electronic communications consent could result in Afterpay restricting or closing your account, which would prevent you from making new purchases and could affect active payment plans.
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"You may withdraw your consent to receive further records, disclosures and notices electronically at any time by sending an email to [email protected] with "Revoke Electronic Consent" in the subject line. Any withdrawal of your consent to receive records, disclosures and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. If you fail to provide or if you withdraw your consent to receive communications electronically, Afterpay reserves the right to restrict, deactivate or close your Account.— Excerpt from Afterpay's Afterpay Terms of Service
(1) REGULATORY LANDSCAPE: The Electronic Signatures in Global and National Commerce Act (E-SIGN Act) requires that consumers be informed of their right to withdraw electronic consent and that withdrawal not result in the termination of the substantive service without adequate notice and alternative paper-based delivery options. This clause's linkage of consent withdrawal to potential account restriction or closure may warrant evaluation against E-SIGN Act requirements and applicable state electronic transaction laws. (2) GOVERNANCE EXPOSURE: Medium. While it is commercially understandable that a digital-first service would require electronic communications, conditioning account access on electronic consent in a manner that effectively penalizes the exercise of a statutory withdrawal right creates compliance exposure under the E-SIGN Act and potentially under state consumer protection frameworks. (3) JURISDICTION FLAGS: Some states have enacted their own electronic signature and communications laws that may impose additional constraints on how withdrawal of electronic consent is handled. California's consumer protection statutes may also be relevant to whether the account restriction consequence constitutes an unfair business practice. (4) CONTRACT AND VENDOR IMPLICATIONS: For compliance and customer service teams, this clause means that consumers who withdraw electronic consent must be handled through a defined process that determines whether account restriction or closure is applied, and that process should be documented to demonstrate regulatory compliance. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the account restriction consequence of electronic consent withdrawal satisfies E-SIGN Act requirements, whether adequate paper-based delivery alternatives are offered, and whether the 'reasonable period of time' for processing withdrawal requests is defined and operationally consistent.
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E-SIGN Act requirements generally permit consumers to withdraw electronic consent, but this clause ties that withdrawal to potential account closure, which creates a practical disincentive that may limit the meaningful exercise of that right.
Exercising your legal right to withdraw electronic communications consent could result in Afterpay restricting or closing your account, which would prevent you from making new purchases and could affect active payment plans.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Afterpay.