TransUnion will not pay for indirect or consequential losses you suffer because of their actions or failures, such as lost income, business losses, or other downstream financial harm.
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
Many of the most significant harms from credit reporting errors, such as a denied loan, job rejection, or higher interest rate over years, are consequential damages that this clause attempts to exclude from any recovery.
Interpretive note: The enforceability of this consequential damage exclusion against FCRA-based actual damage claims is uncertain; FCRA rights to actual damages including consequential losses may not be contractually waivable.
Consumers whose credit report errors cause downstream financial harm such as denied credit applications or higher borrowing costs may be unable to recover those losses from TransUnion under this agreement, though FCRA statutory remedies may provide independent recovery options.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DO...
To the maximum extent permitted by applicable law, Kit shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting ...
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"IN NO EVENT WILL TRANSUNION, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATION PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF OPPORTUNITY.— Excerpt from TransUnion's TransUnion Terms of Use
(1) REGULATORY LANDSCAPE: This provision engages the FCRA, which provides for actual damages including consequential financial harm resulting from credit reporting inaccuracies when the violation is negligent or willful. Courts have awarded actual damages under FCRA that include consequential economic harm, creating direct tension with this contractual exclusion. The CFPB and FTC enforce FCRA actual damage provisions. (2) GOVERNANCE EXPOSURE: High for FCRA-based claims, where the contractual exclusion of consequential damages may conflict with statutory rights to actual damages that include consequential losses. For non-FCRA claims, the exclusion is more likely to be enforced. (3) JURISDICTION FLAGS: California consumers may have additional remedies under the California Consumer Credit Reporting Agencies Act that preserve consequential damage recovery. Some jurisdictions may void consequential damage exclusions as unconscionable in consumer contracts. (4) CONTRACT AND VENDOR IMPLICATIONS: Financial institutions and employers who use TransUnion data in credit and employment screening should note that their potential liability to consumers harmed by inaccurate TransUnion data is not eliminated by this provision in the consumer-TransUnion relationship. (5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether this exclusion is disclosed with sufficient prominence and whether consumer-facing communications about dispute resolution accurately reflect that FCRA remedies, including consequential actual damages, may be available independently of this contractual exclusion.
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Many of the most significant harms from credit reporting errors, such as a denied loan, job rejection, or higher interest rate over years, are consequential damages that this clause attempts to exclude from any recovery.
Consumers whose credit report errors cause downstream financial harm such as denied credit applications or higher borrowing costs may be unable to recover those losses from TransUnion under this agreement, though FCRA statutory remedies may provide independent recovery options.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
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