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This provision limits all claims between customers and T-Mobile to direct and actual damages, excluding indirect, incidental, special, consequential, treble, or punitive damages. It also expressly disclaims liability for damages arising from unauthorized account access or the use of T-Mobile services to access or alter third-party financial, cryptocurrency, or social media accounts.
This analysis describes what T-Mobile'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 mutual cap on recoverable damages limiting claims to direct and actual damages in all disputes. The express disclaimer of liability for unauthorized use of T-Mobile services to access third-party financial, cryptocurrency, and social media accounts is operationally significant given the prevalence of SIM-swap fraud and related account takeover scenarios involving wireless services.
The updated terms expand T-Mobile's authority to suspend or terminate service by explicitly including theft and unlawful conduct as grounds for suspension or service denial, beyond the previously stated prohibited uses. The agreement also clarifies that price commitments embedded in Rate Plans do not automatically extend to new technologies, features, or services unless expressly stated, meaning customers cannot assume their locked price applies if T-Mobile introduces new offerings. Additionally, the terms now state that reconnection or restoration of service after suspension may incur a fee. These changes modify the conditions under which service can be interrupted and the predictability of pricing as services evolve.
View change record →Under this clause, customers cannot seek punitive, consequential, or other indirect damages from T-Mobile in any dispute, and T-Mobile expressly disclaims liability for losses resulting from unauthorized use of T-Mobile services to access third-party financial, cryptocurrency, or social media accounts. The provision applies to the extent permitted by applicable law, which may limit its scope in certain jurisdictions.
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"To the extent permitted by law, you and we each agree to limit claims for damages, or other monetary relief against each other to direct and actual damages regardless of the theory of liability. This means that neither of us will seek any indirect, incidental, special, consequential, treble, or punitive damages from the other. Additionally, we are not liable for damages arising out of unauthorized access or changes to your account, Services, Products, or Devices, or the use of your account, Services, Products, or Devices by you or by others to authenticate, access, use, or make changes to any third party accounts, including financial, cryptocurrency, and social media accounts.Excerpt from T-Mobile's Terms and Conditions
REGULATORY LANDSCAPE: Limitations on consequential damages in consumer contracts are subject to state consumer protection law scrutiny. The express disclaimer of liability for third-party account access losses, including cryptocurrency accounts, may interact with FTC guidance on SIM-swap fraud and telecommunications carrier obligations to protect against account takeover. State attorneys general in several jurisdictions have taken enforcement action against wireless carriers related to SIM-swap fraud. GOVERNANCE EXPOSURE: High. The exclusion of liability for unauthorized use of T-Mobile services to access financial and cryptocurrency accounts is directly relevant to SIM-swap fraud scenarios, which have been the subject of regulatory and litigation activity in the wireless industry. The provision's application to cryptocurrency account losses is a specific and notable inclusion. JURISDICTION FLAGS: Several states, including California and New Jersey, have pursued enforcement or litigation involving wireless carrier liability for SIM-swap fraud. The enforceability of liability disclaimers in this context may be limited by state consumer protection statutes or judicial interpretation. CONTRACT AND VENDOR IMPLICATIONS: Business customers relying on T-Mobile services for multi-factor authentication or account security for financial or other sensitive accounts should evaluate this disclaimer in the context of their security architecture and insurance coverage. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the liability exclusion for third-party account access losses is enforceable in all relevant jurisdictions, particularly given ongoing regulatory activity around SIM-swap fraud. Organizations using T-Mobile for SMS-based authentication should review their risk exposure in light of this provision.
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This provision establishes a mutual cap on recoverable damages limiting claims to direct and actual damages in all disputes. The express disclaimer of liability for unauthorized use of T-Mobile services to access third-party financial, cryptocurrency, and social media accounts is operationally significant given the prevalence of SIM-swap fraud and related account takeover scenarios involving wireless services.
Under this clause, customers cannot seek punitive, consequential, or other indirect damages from T-Mobile in any dispute, and T-Mobile expressly disclaims liability for losses resulting from unauthorized use of T-Mobile services to access third-party financial, cryptocurrency, or social media accounts. The provision applies to the extent permitted by applicable law, which may limit its scope in certain jurisdictions.
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