Provision record
PayPal · PayPal User Agreement · View original document ↗

Limitation of Liability

High severity Common · 292 of 352 platforms
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Document Record

What it is

PayPal limits its liability to you to the greater of fees you paid in the last 3 months or $500 — even if its errors cause you to lose much more money.

This analysis describes what PayPal'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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This limitation of liability clause establishes the maximum financial exposure PayPal assumes under the user agreement. The cap applies uniformly across all dispute scenarios and substantially narrows the range of compensable damages compared to general contract law, thereby defining PayPal's operational risk profile in the relationship.

Clause Stability Stable

0
Changes
4
Months Monitored
Apr 3, 2026
First Seen
Apr 10, 2026
Last Seen
This clause type exists across 4462 other provisions on other platforms.

Change history

modified Jul 14, 2026

Current version removes the specific monetary cap ($500 or transaction fees) and instead uses a categorical exclusion approach, limiting liability only to certain damages but without a numerical ceiling.

View full change record →
modified May 25, 2026

Lookback period extended from 3 months to 12 months for calculating fee-based liability cap, significantly increasing potential damages PayPal must cover.

View full change record →

Consumer impact (what this means for users)

No matter how much PayPal's mistake costs you — whether a wrongful fund hold, a processing error, or an account restriction — you can only recover a maximum of $500 or three months of fees paid, whichever is higher.

How other platforms handle this

ActiveCampaign Medium

If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.

Leonardo AI Medium

A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...

Netflix Medium

The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.

See all platforms with this clause type →

Monitoring

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▸ View Original Clause Language DOCUMENT RECORD
"
IN NO EVENT SHALL PAYPAL BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF PAYPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PAYPAL'S LIABILITY HEREUNDER IS LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE GREATER OF THE FEES YOU PAID TO PAYPAL IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $500.

Excerpt from PayPal's User Agreement

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY FRAMEWORK: Limitation of liability clauses in consumer financial contracts are subject to CFPB oversight under UDAAP authority and may conflict with EFTA error resolution requirements (15 U.S.C. § 1693f), which provide mandatory liability standards for unauthorized EFTs that cannot be contractually waived. State consumer protection laws, particularly California's Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.) and Unfair Competition Law, may restrict the enforceability of blanket liability caps against consumers. (2)

Full institutional analysis

Regulatory citations, enforcement risk, and due diligence action items.

Applicable agencies

  • CFPB
    The CFPB enforces consumer financial protection standards and EFTA requirements that may supersede contractual liability caps, and accepts complaints about financial service providers that fail to make consumers whole for processing errors.
    File a complaint →
  • State AG
    State attorneys general have consumer protection authority to challenge liability caps that may be unconscionable under state law, particularly in California, New York, and New Jersey.
    File a complaint →

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
PayPal User Agreement
Entity
PayPal
Document last updated
May 5, 2026
Tracking information
First tracked
March 6, 2026
Last verified
April 9, 2026
Record ID
CA-P-000381
Document ID
CA-D-00044
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
787aedff80f89f2d9da4fd79756bbd226f8a5338c9e19c15b2a2fa0d01f59a90
Analysis generated
March 6, 2026 20:26 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: PayPal
Document: PayPal User Agreement
Record ID: CA-P-000381
Captured: 2026-03-06 20:26:28 UTC
SHA-256: 787aedff80f89f2d…
URL: https://conductatlas.com/platform/paypal/paypal-user-agreement/provision/CA-P-000381/limitation-of-liability/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

Governance intelligence across arbitration, AI governance, data rights, indemnification, and retention

Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.

Frequently Asked Questions

What does PayPal's Limitation of Liability clause do?

This limitation of liability clause establishes the maximum financial exposure PayPal assumes under the user agreement. The cap applies uniformly across all dispute scenarios and substantially narrows the range of compensable damages compared to general contract law, thereby defining PayPal's operational risk profile in the relationship.

How does this clause affect you?

No matter how much PayPal's mistake costs you — whether a wrongful fund hold, a processing error, or an account restriction — you can only recover a maximum of $500 or three months of fees paid, whichever is higher.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 292 platforms. See the full comparison.

Is ConductAtlas affiliated with PayPal?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by PayPal.