By opening an Afterpay account, you agree to receive text messages at any time, potentially using automated dialing systems, and your number being on a do-not-call list does not stop Afterpay from texting you.
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
Agreeing to receive autodialed SMS at any time of day, regardless of do-not-call registry status, is a significant consent with implications under the Telephone Consumer Protection Act, and the user assumes responsibility for any resulting carrier charges.
You consent to receiving automated text messages at any hour from Afterpay regardless of do-not-call registry registrations, and you are responsible for any data or messaging fees your carrier charges for those messages.
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"If you choose to open an Account, Afterpay may send you SMS messages. You agree to receive SMS messages at any time of day to each telephone number provided by you to Afterpay, regardless of whether such telephone number is on a corporate, state or federal do-not-call registry. You certify, represent and warrant that the telephone number that you have provided to us is your number and not someone else's. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages. You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you.— Excerpt from Afterpay's Afterpay Terms of Service
(1) REGULATORY LANDSCAPE: This provision directly engages the Telephone Consumer Protection Act (TCPA), which regulates the use of automatic telephone dialing systems for SMS communications. The TCPA requires prior express written consent for autodialed marketing texts and prior express consent for informational texts. The clause's acknowledgment of potential autodialer use makes TCPA compliance a primary consideration. The FCC is the primary enforcement authority for TCPA, and private plaintiffs also have a right of action under the statute. (2) GOVERNANCE EXPOSURE: Medium. The agreement's statement that SMS will be limited to service notifications and payment reminders rather than marketing is a meaningful limitation, and the explicit TCPA disclosure of autodialer use demonstrates awareness of the regulatory framework. However, the 'any time of day' language and the do-not-call registry override may create consumer relations and regulatory exposure if not operationally limited. (3) JURISDICTION FLAGS: Some states have enacted state-level telephone solicitation and automated calling statutes that may impose requirements beyond federal TCPA standards. California's Consumer Protection Against Computer Spyware Act and related statutes may be relevant depending on the technical architecture of the SMS system used. (4) CONTRACT AND VENDOR IMPLICATIONS: If Afterpay uses third-party SMS aggregators or communication platforms to deliver automated messages, those vendor agreements should reflect TCPA compliance obligations and indemnification terms. The agreement's statement that carriers are not liable for delayed messages does not address Afterpay's own liability for TCPA violations. (5) COMPLIANCE CONSIDERATIONS: Legal teams should confirm that the SMS consent obtained through account registration satisfies TCPA prior express written consent requirements, that operational processes ensure SMS is limited to the service and verification purposes stated in the agreement, and that opt-out mechanisms such as replying STOP are functional and promptly honored.
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Agreeing to receive autodialed SMS at any time of day, regardless of do-not-call registry status, is a significant consent with implications under the Telephone Consumer Protection Act, and the user assumes responsibility for any resulting carrier charges.
You consent to receiving automated text messages at any hour from Afterpay regardless of do-not-call registry registrations, and you are responsible for any data or messaging fees your carrier charges for those messages.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Afterpay.