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AT&T disclaims liability for direct, indirect, incidental, punitive, and consequential damages arising from site use, including loss of data, loss of profits, and unauthorized access to user data. If any part of this liability exclusion is found invalid or unenforceable, the document states that AT&T's total aggregate liability shall not exceed $100.
This analysis describes what AT&T'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 a $100 aggregate liability cap that activates specifically when the broader liability exclusion is found invalid or unenforceable, which may limit the practical remedy available to users in jurisdictions where courts decline to enforce the full exclusion. The clause applies to a broad range of damages categories including unauthorized access to user transmissions or data.
Interpretive note: Enforceability of the $100 aggregate cap varies by jurisdiction; the document itself acknowledges applicable law may not permit such limitations in all cases.
Under this clause, if a court finds that the primary liability exclusion does not apply, the maximum recoverable amount from AT&T under these terms is stated to be $100. The agreement states that stopping use of the site is the sole remedy for dissatisfaction with site-related services.
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"IN NO EVENT SHALL AT&T, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES... YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AT&T UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).Excerpt from AT&T's Terms of Service
(1) REGULATORY LANDSCAPE: Liability limitation clauses in consumer-facing terms engage state consumer protection statutes, which in several jurisdictions limit the enforceability of damages caps against consumers. California, New Jersey, and other states have consumer protection frameworks that may constrain the enforceability of the $100 cap. The FTC Act's prohibition on unfair or deceptive practices is relevant to the adequacy of disclosure of this limitation. Applicable enforcement authority includes the FTC and State Attorneys General. (2) GOVERNANCE EXPOSURE: Medium. The $100 aggregate cap, which applies as a fallback when the primary exclusion is invalidated, is low relative to the value of potential consumer harms including data loss or unauthorized account access. Courts in some jurisdictions have declined to enforce nominal liability caps in consumer contracts when the cap is disproportionate to foreseeable harm. (3) JURISDICTION FLAGS: Several U.S. states, including California and New Jersey, have consumer protection statutes that may limit the enforceability of damages caps in consumer contracts. The document itself acknowledges that applicable law may not allow limitation of liability or certain exclusions. EU/EEA users have additional protections under applicable consumer protection directives that may render such caps unenforceable. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise users and developers relying on AT&T's web services should note that this limitation applies specifically to the website terms, and does not necessarily govern liability under separate service agreements, which may have their own liability provisions. Procurement teams should confirm which agreement governs in cases of conflict. (5) COMPLIANCE CONSIDERATIONS: Legal teams advising on AT&T site-related vendor or partner relationships should assess whether the $100 cap is enforceable in the relevant jurisdiction and whether additional contractual protections are warranted. The document notes that the provision may not apply where prohibited by applicable law, which creates jurisdiction-dependent enforceability that should be mapped against the user population.
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This provision establishes a $100 aggregate liability cap that activates specifically when the broader liability exclusion is found invalid or unenforceable, which may limit the practical remedy available to users in jurisdictions where courts decline to enforce the full exclusion. The clause applies to a broad range of damages categories including unauthorized access to user transmissions or data.
Under this clause, if a court finds that the primary liability exclusion does not apply, the maximum recoverable amount from AT&T under these terms is stated to be $100. The agreement states that stopping use of the site is the sole remedy for dissatisfaction with site-related services.
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