By entering into the agreement or using the services, users consent to receiving communications from Gumroad and its affiliated companies via email, text message, phone calls, and push notifications, including messages generated by automatic telephone dialing systems. Communications may include account-related notices, promotional content from Gumroad and third-party partners, and industry news.
This analysis describes what Gumroad'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
This provision obtains consent to autodialed calls and text messages through agreement to the Terms of Service, which engages the Telephone Consumer Protection Act (TCPA) and its requirements for prior express written consent for autodialed or prerecorded calls and texts to mobile numbers. The inclusion of third-party partner promotional communications as a covered communication type is operationally relevant for users who did not intend to consent to third-party marketing.
Interpretive note: The adequacy of consent obtained through general terms of service acceptance for TCPA purposes, particularly for third-party partner promotional communications, may be subject to scrutiny under current FCC rulemaking and judicial interpretation.
The agreement establishes that users consent to receiving autodialed texts, calls, and prerecorded messages from Gumroad and its affiliates by entering into the agreement or using the services, including promotional communications from third-party partners.
How other platforms handle this
By saving a Save to Google Pay Item, you agree you are providing your prior express consent to receive communications from a third-party merchant directly to you through Google Pay. Google does not create or control the content sent by the merchant to you. You may remove the Save to Google Pay Items...
By continuing to interact with our Services, you are consenting to the practices described in this Privacy Notice.
We may modify this Contract, our Privacy Policy and our Cookie Policy from time to time. If we materially change these terms or if we are legally required to provide notice, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes befor...
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"By entering into this Agreement or using the Services, you agree to receive communications from us, including via e-mail, text message, calls, and/or push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account (as defined below) or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Gumroad and industry developments.— Excerpt from Gumroad's Gumroad Terms of Service
(1) REGULATORY LANDSCAPE: This provision directly implicates the Telephone Consumer Protection Act (TCPA), which requires prior express written consent for autodialed or prerecorded calls and texts to mobile phone numbers. The FTC's Telemarketing Sales Rule and the FCC's TCPA implementing regulations govern the consent requirements for such communications. Recent FCC rulemaking has addressed the validity of blanket consent obtained through general terms of service for third-party marketing communications, and this provision's inclusion of third-party partner promotional messages may warrant evaluation under current FCC guidance. (2) GOVERNANCE EXPOSURE: High. TCPA violations carry statutory damages of $500 to $1,500 per message, and class action exposure for TCPA claims is significant. The provision's structure, obtaining consent through general terms of service acceptance rather than a dedicated consent mechanism, may face scrutiny under current TCPA and FCC interpretations regarding the specificity of consent required for third-party marketing messages. (3) JURISDICTION FLAGS: California's Invasion of Privacy Act and state-level telemarketing laws may impose additional consent requirements beyond TCPA baseline standards. Users in states with robust telemarketing protection statutes face additional considerations. EU and UK users are protected by ePrivacy Directive and PECR requirements, which impose stricter consent standards for electronic marketing communications than TCPA. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations procuring Gumroad services on behalf of employees or business users should note that the agreement obtains broad communications consent from registered users, potentially including communications generated by automatic dialing systems. Vendor assessments should evaluate whether this consent mechanism satisfies applicable TCPA and state telemarketing requirements for the organization's user population. (5) COMPLIANCE CONSIDERATIONS: Users who wish to limit communications should review available opt-out mechanisms within the platform settings, though the document does not specify granular opt-out controls in the excerpted text. Legal teams should evaluate whether the consent obtained through this provision is sufficiently specific under current TCPA and FCC guidance, particularly with respect to third-party partner promotional communications.
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This provision obtains consent to autodialed calls and text messages through agreement to the Terms of Service, which engages the Telephone Consumer Protection Act (TCPA) and its requirements for prior express written consent for autodialed or prerecorded calls and texts to mobile numbers. The inclusion of third-party partner promotional communications as a covered communication type is operationally relevant for users …
The agreement establishes that users consent to receiving autodialed texts, calls, and prerecorded messages from Gumroad and its affiliates by entering into the agreement or using the services, including promotional communications from third-party partners.
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