By agreeing to these terms, you authorize Afterpay to pull your credit report not just to decide if you qualify for their service, but also to market their products to you, for as long as your account remains open.
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
The authorization to use credit report data for marketing purposes is broader than many consumers expect and extends for the lifetime of the account, covering a wider range of uses than simple eligibility determination.
Interpretive note: Whether the marketing use of consumer reports as authorized in this general terms agreement satisfies FCRA permissible purpose requirements in all circumstances may depend on regulatory interpretation and enforcement context.
Afterpay can access your credit report and consumer report data for marketing their own products to you, not just to assess whether you qualify for the service, and this consent remains active until you close your account.
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"You agree and authorize that we may make any inquiries to assess your eligibility to use the services including of third parties. This includes your consent and instructions for Afterpay to obtain one or more credit reports or other consumer reports from consumer reporting agencies for use in determining your eligibility for an Afterpay or First Electronic Bank loan, reviewing and servicing your Afterpay Account, marketing Afterpay products or services to you, and for other permissible purposes under the Fair Credit Reporting Act. You agree that your consent and instructions apply as long as your Afterpay Account is open.Excerpt from Afterpay's Terms of Service
(1) REGULATORY LANDSCAPE: This provision directly implicates the Fair Credit Reporting Act (FCRA), which governs permissible purposes for obtaining consumer reports.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Ad personalization controls removed. Contact scanning added. Advertiser data partnerships quietly dropped. A timeline of every change.
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The authorization to use credit report data for marketing purposes is broader than many consumers expect and extends for the lifetime of the account, covering a wider range of uses than simple eligibility determination.
Afterpay can access your credit report and consumer report data for marketing their own products to you, not just to assess whether you qualify for the service, and this consent remains active until you close your account.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Afterpay.