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The agreement includes a separate waiver of jury trial rights and a waiver of class, collective, and representative action rights, with the class action waiver applying to the extent permitted by applicable state law.
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 dual procedural limitations: a jury trial waiver and a class action waiver that operate separately from the arbitration provision and apply to the extent permitted under each subscriber's state law.
Interpretive note: Enforceability of the class action waiver varies by state and by the nature of the underlying claim; the agreement itself acknowledges this variability with the qualifier 'to the extent allowable in your state.'
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 these terms, subscribers waive the right to participate in class, collective, or representative actions against Comcast, and separately waive jury trial rights, subject to state law limitations on enforceability.
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"THIS AGREEMENT FURTHER AND SEPARATELY CONTAINS A WAIVER OF JURY TRIAL IN SECTION 14, AND A WAIVER OF CLASS, COLLECTIVE, AND REPRESENTATIVE ACTIONS IN SECTION 15 TO THE EXTENT ALLOWABLE IN YOUR STATE.Excerpt from Comcast's Terms of Service
REGULATORY LANDSCAPE: The class action waiver engages the Federal Arbitration Act and state consumer protection statutes. Several states, including California and New Jersey, have legislative and judicial frameworks that may limit enforcement of class action waivers in consumer contracts, particularly for claims arising under state consumer protection statutes. The FTC Act's prohibition on unfair or deceptive practices is relevant to consumer waivers. GOVERNANCE EXPOSURE: High. The class action waiver and jury trial waiver are among the most litigated provisions in consumer telecommunications agreements. The agreement's own language acknowledges state-law limitations by including the qualifier 'to the extent allowable in your state,' indicating variable enforceability. JURISDICTION FLAGS: California, New Jersey, Washington, and Illinois present heightened exposure. California courts have, in certain contexts, found class action waivers unenforceable under state consumer protection statutes notwithstanding the Federal Arbitration Act's preemption framework. Legal teams should assess the current state of applicable federal and state precedent. CONTRACT AND VENDOR IMPLICATIONS: The separate treatment of the jury trial waiver and class action waiver as provisions distinct from the arbitration clause indicates that these waivers are intended to operate even in proceedings that may reach court. Procurement and legal teams should assess whether this dual structure is enforceable as drafted in target jurisdictions. COMPLIANCE CONSIDERATIONS: Compliance teams should map subscriber populations by state to assess which state law carve-outs may apply to the class action waiver, and whether subscriber-facing disclosures adequately communicate the state-specific limitations acknowledged in the agreement language.
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This provision establishes dual procedural limitations: a jury trial waiver and a class action waiver that operate separately from the arbitration provision and apply to the extent permitted under each subscriber's state law.
Under these terms, subscribers waive the right to participate in class, collective, or representative actions against Comcast, and separately waive jury trial rights, subject to state law limitations on enforceability.
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