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FCC Has ‘Serious Concerns’ About PayPal's New Robocall Policy

PayPal and eBay's recent announcement that their terms of service are changing to allow them to make robocalls or send text messages to users has now caught the attention of both federal and state officials.

Re/code Amy Schatz

Context & Ripple Effects

This lands three weeks after the [[a:829359|CFPB ordered PayPal to pay $25M in fines and refunds for signing users up for its credit service without permission]] — so the robocall terms change arrives with the company already flagged for exactly this failure mode: expanding its relationship with customers without meaningful consent. The FCC's 'serious concerns,' joined by state officials, signals that Washington read the terms-of-service edit through that recent lens.

It also extends a scrutiny arc across PayPal's whole footprint: the FTC had already opened an investigation into Venmo over 'deceptive or unfair practices' per PayPal's own SEC filing, making consumer-facing conduct the recurring theme in the company's regulator relationships.

First-order effects

  • PayPal and eBay now face direct pressure from both federal and state officials over terms that would let them place automated calls or send texts to users, raising the prospect of forced rewrites of the policy before it takes effect.
  • Users gain a visible advocacy channel — the FCC's stated concern gives complaints about unwanted contact from PayPal and eBay immediate regulatory weight.

Second-order effects

  • With the CFPB having set a $25M price tag on unconsented enrollment, other payment platforms have an incentive to audit their own notification and consent terms before regulators do — Venmo, already under FTC investigation for deceptive practices, is the most exposed sibling property.
  • Regulators can now point to a pattern across PayPal's businesses, strengthening the case for coordinated multi-agency oversight rather than one-off settlements.

Third-order effects

  • If the pattern holds, terms-of-service changes that expand a company's right to contact customers become de facto regulated events for payments firms, not private contract edits — pushing consent language toward the same disclosure standards applied to financial products themselves.
  • That posture fits the longer trajectory regulators later made explicit when the CFPB warned that money held in apps like PayPal and Venmo lacks FDIC insurance: consumer-protection agencies increasingly treating payment-app terms, not just transactions, as their jurisdiction.

The trend: US regulators are shifting from case-by-case penalties against payments companies toward policing how those companies obtain customer consent — in enrollments, in contact rights, and in the terms themselves.