Users who provide a mobile phone number consent to receive automated SMS messages from Instacart, its affiliated companies, and third-party providers at any time, including outside federally and locally defined quiet hours. Users may opt out by replying STOP.
This analysis describes what Instacart'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 provision expressly discloses that automated messages may be delivered outside quiet hours defined by federal, state, or local law, which engages the Telephone Consumer Protection Act (TCPA) and applicable state telemarketing and quiet-hours regulations. The consent scope extends to affiliated companies and third-party providers, not solely Instacart.
By providing a mobile phone number, users consent to automated SMS communications from Instacart, its affiliates, and third-party providers at any time. Users may opt out of SMS messages at any time by replying STOP to any message, or by contacting customer support at 1-888-246-7822 or help@instacart.com.
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"By providing your mobile phone number, you consent to receive automated text (SMS) messages from Instacart, its affiliated companies, and/or Third-Party Providers related to your orders, deliveries, and account. By providing your consent to receive text messages, you understand that messages may be delivered at any time, even if they fall outside federal, state, or locally defined quiet hours. Message frequency varies depending on your activity. To opt out, reply STOP.— Excerpt from Instacart's Instacart Terms of Service (Superseded Capture)
1. REGULATORY LANDSCAPE: This provision engages the Telephone Consumer Protection Act (TCPA), which regulates automated and prerecorded calls and text messages to mobile phones. The FCC administers the TCPA, and state attorneys general may also enforce state-level telemarketing and quiet-hours statutes. The FTC has authority over deceptive practices in consent solicitation for automated communications. 2. GOVERNANCE EXPOSURE: Medium. The provision's disclosure that messages may be delivered outside quiet hours defined by federal, state, or local law creates an acknowledged tension with applicable TCPA quiet-hours provisions. The scope of the consent extending to affiliated companies and third-party providers may require evaluation against TCPA's prior express written consent requirements for automated marketing messages from third parties. 3. JURISDICTION FLAGS: California's TCPA enforcement and state-level privacy statutes create heightened exposure for automated messaging programs. Several states have enacted or proposed quiet-hours restrictions more stringent than federal TCPA requirements. The extension of consent to third-party providers for automated messaging may require specific written consent under stricter state implementations. 4. CONTRACT AND VENDOR IMPLICATIONS: Legal teams should assess whether consent obtained through this provision satisfies TCPA prior express written consent requirements for automated marketing messages, particularly where third-party providers send their own automated messages under this consent framework. Vendor agreements with third-party logistics and delivery providers should address compliance responsibility for TCPA-compliant messaging practices. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the consent language satisfies TCPA's 'clear and conspicuous' disclosure requirements and whether the quiet-hours disclosure adequately addresses regulatory compliance risk. The opt-out mechanism (replying STOP) should be tested and audited for functionality across all messaging channels covered by this consent.
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The provision expressly discloses that automated messages may be delivered outside quiet hours defined by federal, state, or local law, which engages the Telephone Consumer Protection Act (TCPA) and applicable state telemarketing and quiet-hours regulations. The consent scope extends to affiliated companies and third-party providers, not solely Instacart.
By providing a mobile phone number, users consent to automated SMS communications from Instacart, its affiliates, and third-party providers at any time. Users may opt out of SMS messages at any time by replying STOP to any message, or by contacting customer support at 1-888-246-7822 or help@instacart.com.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Instacart.