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The agreement establishes a liquidated damages amount of $500 per device used to receive unauthorized services, in addition to equipment replacement costs, with the characterization that precise damage calculation would be difficult. Comcast also reserves the right to report unauthorized service use to law enforcement.
This analysis describes what Comcast'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 specific per-device financial penalty for unauthorized service use and asserts both civil liquidated damages and potential criminal referral as consequences, creating dual enforcement exposure for subscribers in violation of the unauthorized use prohibition.
The updated terms now explicitly prohibit the deployment of AI Agents to access, use, interact with, or take action on Comcast services unless Comcast expressly grants permission. This includes automated activities such as obtaining information, making requests, monitoring activity, copying, downloading, scraping, or data mining the services. The agreement also prohibits AI Agents from accepting terms on a user's behalf or engaging in support or sales interactions. Users who currently use automation tools or third-party integrations with Comcast services may need to seek express permission from Comcast or discontinue such automated access.
View change record →Under this clause, subscribers who use Comcast services without authorization, or whose household members do so, are liable for $500 per device in liquidated damages plus equipment replacement costs, and Comcast may report the activity to law enforcement.
Cross-platform context
See how other platforms handle Liquidated Damages for Unauthorized Service Use and similar clauses.
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"Since it would be difficult, if not impossible, to precisely calculate our lost revenue from unauthorized Services or tampering, you agree to pay $500.00 per device used to receive unauthorized Services as liquidated damages. These liquidated damages are in addition to our cost to replace any altered, damaged, or unreturned Xfinity Equipment, or other equipment owned by us, including any incidental costs. The unauthorized reception of the Services may also result in criminal fines and/or imprisonment, and we reserve the right to report any illegal activities to law enforcement.Excerpt from Comcast's Terms of Service
REGULATORY LANDSCAPE: Liquidated damages clauses in consumer contracts engage state contract law requirements that such damages represent a reasonable estimate of actual harm rather than a penalty. Courts in several states apply heightened scrutiny to liquidated damages provisions in consumer adhesion contracts, particularly where the stated damages amount is significantly disproportionate to demonstrable harm. GOVERNANCE EXPOSURE: Medium. The $500 per-device liquidated damages figure is facially stated as a reasonable estimate of lost revenue, consistent with general contract law requirements for liquidated damages enforceability. The threat of criminal referral for unauthorized service use is legally grounded in federal cable theft statutes, but its inclusion in the agreement's service use section may require evaluation against consumer protection standards for contractual threat disclosures. JURISDICTION FLAGS: State consumer protection statutes in California and New York may impose additional requirements on liquidated damages clauses in consumer contracts, including proportionality requirements. The agreement's statement that the subscriber is liable for all authorized and unauthorized use by household members creates broad liability exposure that may face scrutiny in jurisdictions with consumer-protective contract interpretation frameworks. CONTRACT AND VENDOR IMPLICATIONS: The subscriber's assumption of liability for all authorized and unauthorized use at the premises, combined with the $500 per-device liquidated damages figure, creates significant financial exposure for account holders in multi-person households or rental properties where service access is difficult to control. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the liquidated damages clause satisfies applicable state law requirements for enforceability, including proportionality analysis, and whether the criminal referral reservation is adequately disclosed in subscriber-facing terms. The interaction of this provision with the subscriber's obligation to notify Comcast of unauthorized use immediately in writing should be clearly communicated in service agreement summaries.
This provision establishes a specific per-device financial penalty for unauthorized service use and asserts both civil liquidated damages and potential criminal referral as consequences, creating dual enforcement exposure for subscribers in violation of the unauthorized use prohibition.
Under this clause, subscribers who use Comcast services without authorization, or whose household members do so, are liable for $500 per device in liquidated damages plus equipment replacement costs, and Comcast may report the activity to law enforcement.
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