Comcast · Comcast Terms of Service

Limitation of Liability / Damages Cap

High severity
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What it is

Even if Xfinity causes you significant harm — such as extended service outages, data breaches, or billing errors — the maximum amount they must pay you is limited to what you paid for service in the past 60 days.

Consumer impact (what this means for users)

If a service outage causes a consumer to lose business income, or a data breach causes identity theft costs far exceeding two months of service fees, this clause prevents recovery of those actual losses, shifting the financial burden entirely to the consumer.

Cross-platform context

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Why it matters (compliance & risk perspective)

This cap means that if you suffer real financial losses due to Xfinity's mistakes or wrongdoing, you can only recover a small fraction of your actual damages — typically one to two months of your service bill.

View original clause language
IN NO EVENT SHALL COMCAST OR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND... COMCAST'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICE IN THE 60-DAY PERIOD PRECEDING THE DATE OF THE CLAIM.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: This provision implicates state consumer protection statutes that prohibit limitation of liability for gross negligence or willful misconduct, including California Civil Code § 1668. The Cable Act (47 U.S.C. § 551(f)) provides a private right of action for cable privacy violations with actual damages, liquidated damages of $1,000, punitive damages, and attorney fees — which may not be waivable by contract. ECPA (18 U.S.C. §§ 2510–2523) similarly provides non-waivable statutory damages. FTC Act Section 5 may be implicated if the damages cap is used to shield deceptive practices from meaningful consumer redress. (2)

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Applicable agencies

  • FTC
    The FTC can challenge damages caps that effectively prevent meaningful consumer redress as unfair practices under Section 5 of the FTC Act.
    File a complaint →
  • State AG
    State AGs can challenge limitations of liability that violate state consumer protection statutes prohibiting waiver of statutory damages.
    File a complaint →

Provision details

Document information
Document
Comcast Terms of Service
Entity
Comcast
Document last updated
April 29, 2026
Tracking information
First tracked
April 28, 2026
Last verified
April 28, 2026
Record ID
CA-P-003785
Document ID
CA-D-00343
Evidence Provenance
Source URL
Wayback Machine
SHA-256
efea3823a102772db3d7d7ea6f90d396e449c64d5193126cb9ae725fe616faba
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Comcast | Document: Comcast Terms of Service | Record: CA-P-003785
Captured: 2026-04-28 06:09:54 UTC | SHA-256: efea3823a102772d…
URL: https://conductatlas.com/platform/comcast/comcast-terms-of-service/limitation-of-liability-damages-cap/
Accessed: May 2, 2026
Classification
Severity
High
Categories

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