No matter how much harm you suffer as a result of TransUnion's actions or failures, the most you can recover from them under this agreement is $100 (or what you paid them in the last 12 months if that amount is higher).
This analysis describes what TransUnion'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
As a consumer reporting agency, errors in TransUnion's data can cause serious financial harm such as denied credit, higher interest rates, or employment rejections, but this clause attempts to limit TransUnion's financial responsibility to a nominal amount.
Interpretive note: The enforceability of this cap against FCRA-based claims is legally uncertain; courts have generally held FCRA rights are not contractually waivable, but the cap's effect on non-FCRA claims remains applicable.
This cap may significantly limit a consumer's ability to recover meaningful compensation for credit reporting errors or data breaches, though the FCRA provides its own statutory damage remedies that may not be contractually waivable, meaning the practical effect of this cap may vary depending on the legal theory pursued.
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THE SIGNAL PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SIGNAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FITBIT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN) DURING THE TWELV...
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"IN NO EVENT WILL TRANSUNION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO TRANSUNION IN THE PAST TWELVE MONTHS, IF GREATER.— Excerpt from TransUnion's TransUnion Terms of Use
(1) REGULATORY LANDSCAPE: This provision engages the FCRA, which grants consumers a private right of action and provides for statutory damages of $100 to $1,000 per willful violation, actual damages for negligent violations, and punitive damages for willful violations. The CFPB and FTC enforce the FCRA. There is a significant tension between this contractual $100 cap and FCRA statutory remedies; courts have generally held that FCRA rights cannot be contractually waived, meaning this cap may be unenforceable against FCRA-based claims. (2) GOVERNANCE EXPOSURE: High. The assertion of a $100 liability cap by a consumer reporting agency creates substantial regulatory and litigation exposure if courts or regulators determine the cap conflicts with FCRA non-waiver principles. (3) JURISDICTION FLAGS: California consumers may have additional remedies under the California Consumer Credit Reporting Agencies Act, which mirrors FCRA protections at the state level and similarly may not be contractually waivable. Illinois residents, as the governing law jurisdiction, are subject to Illinois consumer fraud statutes that may also provide remedies not captured by this cap. (4) CONTRACT AND VENDOR IMPLICATIONS: Downstream commercial partners relying on TransUnion data in credit decisioning workflows should note that this cap does not necessarily limit TransUnion's liability to them under separate commercial agreements, which are governed by distinct contract terms. (5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the $100 cap is disclosed with adequate prominence to constitute informed consent, and whether it should be flagged in user-facing disclosures as potentially non-operative against FCRA claims. Risk modeling for consumer dispute and litigation exposure should not rely solely on this contractual cap.
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As a consumer reporting agency, errors in TransUnion's data can cause serious financial harm such as denied credit, higher interest rates, or employment rejections, but this clause attempts to limit TransUnion's financial responsibility to a nominal amount.
This cap may significantly limit a consumer's ability to recover meaningful compensation for credit reporting errors or data breaches, though the FCRA provides its own statutory damage remedies that may not be contractually waivable, meaning the practical effect of this cap may vary depending on the legal theory pursued.
ConductAtlas has identified this type of provision across 4 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by TransUnion.