Provision record
Instacart · Instacart Terms of Service (Superseded Capture) · View original document ↗

Automated SMS Consent and TCPA Authorization

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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Consumer impact (what this means for users)

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.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Reply STOP to any Instacart text message to opt out of automated SMS communications. You may also opt out of promotional text messages through your account settings or by contacting customer support at 1-888-246-7822 or help@instacart.com.

Cross-platform context

See how other platforms handle Automated SMS Consent and TCPA Authorization and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
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 Terms of Service (Superseded Capture)

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1.

Insight

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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Provision details

Document information
Document
Instacart Terms of Service (Superseded Capture)
Entity
Instacart
Document last updated
May 5, 2026
Tracking information
First tracked
July 12, 2026
Last verified
July 12, 2026
Record ID
CA-P-074284
Document ID
CA-D-00559
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
ae8ddec1a4b4cdd448758acc355b3f9ed11450c827847cdbe233cdbf85e7dfec
Analysis generated
July 12, 2026 15:13 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Instacart
Document: Instacart Terms of Service (Superseded Capture)
Record ID: CA-P-074284
Captured: 2026-07-12 15:13:44 UTC
SHA-256: ae8ddec1a4b4cdd4…
URL: https://conductatlas.com/platform/instacart/instacart-terms-of-service-superseded-capture/provision/CA-P-074284/automated-sms-consent-and-tcpa-authorization/
Accessed: Aug. 26, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Instacart's Automated SMS Consent and TCPA Authorization clause do?

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.

How does this clause affect you?

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.

Is ConductAtlas affiliated with Instacart?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Instacart.