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Users who enroll a telephone number in Noom Communications consent to receive recurring SMS and MMS messages, potentially transmitted via an automatic telephone dialing system, and may opt out at any time by replying with specified keywords.
This analysis describes what Noom'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 establishes express written consent for ATDS-transmitted messages as required under the Telephone Consumer Protection Act (TCPA), and the document specifies that consent to automated messaging is not a condition of purchase.
Noom's updated terms make clearer that the platform provides behavioral support, not medical treatment, and that coaching and food data features may not be fully accurate. This clarification is important for users who might view Noom as a substitute for medical advice or treatment. The terms now explicitly reserve Noom's right to suspend or revoke your access at any time, which expands the company's unilateral control over your account. Review the updated terms carefully, especially if you rely on Noom for health management or have shared sensitive health information on the platform.
View change record →The agreement establishes that enrolling a telephone number constitutes consent to receive recurring automated SMS and MMS messages from Noom; users may opt out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any Noom message.
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"By enrolling a telephone number in Noom Communications, you authorize us to send recurring SMS and MMS mobile messages to the number you specify, and you represent that you are authorized to receive mobile messages at the number. You agree that these messages may be transmitted using an automatic telephone dialing system ("ATDS"), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchase.Excerpt from Noom's Terms of Service
1) REGULATORY LANDSCAPE: The TCPA governs automated telephone and SMS marketing communications, requiring prior express written consent for ATDS-transmitted messages to mobile phones; the FCC enforces the TCPA; the FTC also has authority over unfair or deceptive telemarketing practices; the statement that ATDS consent is not a condition of purchase reflects a specific TCPA compliance requirement. 2) GOVERNANCE EXPOSURE: Medium. The provision includes a TCPA-compliant disclosure that consent is not a condition of purchase, and specifies keyword-based opt-out mechanisms; however, the clause acknowledges that the platform may not recognize non-standard opt-out commands, which may create TCPA compliance exposure if users attempt to opt out using variant language. 3) JURISDICTION FLAGS: California's TCPA-equivalent statutes and the California Consumer Privacy Act may impose additional requirements on SMS marketing consent and opt-out mechanisms; several states have enacted supplemental telemarketing laws with stricter consent requirements. 4) CONTRACT AND VENDOR IMPLICATIONS: The document acknowledges use of third-party SMS platform providers and states that Noom and wireless carriers are not liable for failed or undelivered messages; compliance teams should confirm that third-party SMS platform agreements include TCPA compliance obligations and data handling provisions. 5) COMPLIANCE CONSIDERATIONS: Legal teams should audit whether the enrollment mechanism for Noom Communications satisfies TCPA requirements for prior express written consent, whether opt-out processing meets the required timeframes under FCC rules, and whether the acknowledgment of ATDS use is consistent with current FCC guidance on ATDS definition following applicable court decisions.
This provision establishes express written consent for ATDS-transmitted messages as required under the Telephone Consumer Protection Act (TCPA), and the document specifies that consent to automated messaging is not a condition of purchase.
The agreement establishes that enrolling a telephone number constitutes consent to receive recurring automated SMS and MMS messages from Noom; users may opt out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any Noom message.
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