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Users who opt in to text messages consent to recurring automated SMS, MMS, and successor technology messages from Coinbase. Users also indemnify Coinbase against all TCPA and state law equivalent claims, including claims arising from the user providing a telephone number they do not own.
This analysis describes what Coinbase'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 indemnification provision shifts TCPA litigation risk to the user for claims arising from the user providing a telephone number belonging to another person, which is a common scenario in TCPA class action litigation. This provision may affect Coinbase's ability to be held liable in certain third-party TCPA claims and transfers that exposure to the user.
The updated terms establish procedures for handling protocol upgrades and define Coinbase's role in migrating customer assets to new versions. Under the revised language, by maintaining a Coinbase account, customers are deemed to have instructed Coinbase to conduct Coinbase Supported Migrations on their behalf at times and in manner Coinbase solely determines appropriate. The agreement further states that Coinbase shall not be liable or responsible for any loss resulting from inability to transfer Digital Assets during a migration or from the Asset Transformation itself. This expands Coinbase's authority to act without advance notice while eliminating liability for migration-related losses.
View change record →The updated terms now explicitly disclose Coinbase's fee structure for California residents, establishing a $10 maximum fee for transactions under $200 and a 6% maximum for larger transactions, though actual fees displayed at checkout may be lower based on payment method, order size, market conditions, and location. The revised agreement also clarifies that virtual currency transactions may be irreversible and provides links to procedures for reporting unauthorized transactions, updating contact information, and accessing transaction receipts. Coinbase commits to providing California residents at least 14 days' prior notice of material changes to fees or terms affecting their accounts.
View change record →The updated terms eliminate language that previously allowed Coinbase to restrict your withdrawals if you designated USDC as Secured USDC and to comply with third-party secured party instructions without your consent. Under the revised agreement, Coinbase will not transfer, loan, or otherwise handle your Supported Digital Assets except as required by law or as you instruct. This means the One Card Secured USDC mechanism is no longer integrated into the core asset protection clause, and users no longer face withdrawal restrictions or loss of instruction authority tied to that designation. If you currently hold Secured USDC under a separate One Card cardholder agreement, that agreement remains in effect but is no longer cross-referenced in the main User Agreement's asset protection section.
View change record →⚠ Users who have opted in to text messages and do not opt out will continue to receive recurring automated messages from Coinbase as stated in Section 6.12
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"By voluntarily providing your telephone number(s) and opting in to receiving text messages from Coinbase, you expressly agree to receive recurring automated text messages (such as SMS, MMS, or successor protocols or technologies) from Coinbase and understand that consent is not required to make any purchase. Message and data rates may apply and the frequency of messages varies. You agree to indemnify, defend, and hold harmless Coinbase for any claims, losses, liability, costs and expenses (including reasonable attorneys' fees) arising from any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you.Excerpt from Coinbase's User Agreement
1. REGULATORY LANDSCAPE: The Telephone Consumer Protection Act prohibits automated calls and texts to numbers without prior express consent from the called party. The FCC enforces the TCPA, and private plaintiffs may bring statutory damages claims of $500 to $1,500 per violation. State law equivalents may impose additional requirements. The indemnification provision attempts to shift TCPA litigation exposure to the user in the specific scenario where a user provides a number they do not own. 2. GOVERNANCE EXPOSURE: Medium. The user indemnification for TCPA claims is an unusual provision in a consumer financial services agreement and may face enforceability challenges depending on jurisdiction and the specific circumstances of a claim, particularly where the user is also the plaintiff. The provision does not affect Coinbase's direct TCPA obligations with respect to the user's own claims. 3. JURISDICTION FLAGS: Several states have enacted their own automated calling and texting statutes with varying requirements. The indemnification provision is broadest in its potential application in jurisdictions where TCPA class actions are common, including California, New York, Illinois, and Florida. 4. CONTRACT AND VENDOR IMPLICATIONS: The note that opt-in consent for text messages is not shared with third parties except telecommunication technology providers is a meaningful limitation on the text consent data use. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the user indemnification provision for TCPA claims is enforceable in the context of a consumer financial services agreement, and whether it creates any tension with applicable consumer protection law in states with robust TCPA enforcement histories.
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The indemnification provision shifts TCPA litigation risk to the user for claims arising from the user providing a telephone number belonging to another person, which is a common scenario in TCPA class action litigation. This provision may affect Coinbase's ability to be held liable in certain third-party TCPA claims and transfers that exposure to the user.
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