Author Topic: Equifax hacked  (Read 875 times)

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backpack

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Equifax hacked
« on: September 07, 2017 11:55:21 PM »

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Equifax hacked
« Reply #1 on: September 08, 2017 12:22:52 AM »
Equifax allowing someone to have access to my credit report is a violation of the FCRA given that I have "opted" out of providing my name, address and any other info to anyone else.   :vbrofl:
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Dolemite73

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Re: Equifax hacked
« Reply #2 on: September 08, 2017 12:23:52 AM »
My name pops up on the list of the ones compromised, my arbitration demand goes out the next day.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Equifax hacked
« Reply #3 on: September 08, 2017 02:09:51 AM »
My name pops up on the list of the ones compromised, my arbitration demand goes out the next day.

Problem is, they are hiding those names.  They will not give a straight answer and if you go to the page to inquire about it the best answer you get is "you have been signed up for free monitoring".  Never a "yes".
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Equifax hacked
« Reply #4 on: September 08, 2017 04:29:13 AM »
Luckily the top Execs were able to cash out their stocks before they went public with the information they were compromised.

http://www.marketwatch.com/story/equifax-executives-sold-stock-after-data-breach-before-informing-public-2017-09-07
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

tye78

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Re: Equifax hacked
« Reply #5 on: September 08, 2017 03:42:53 PM »
Sounds like all they needed to do was make a simple fix and it would've prevented this hack. The lawsuit is seeking $70 billion from the company.

https://www.bloomberg.com/news/articles/2017-09-08/equifax-sued-over-massive-hack-in-multibillion-dollar-lawsuit

duh

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Re: Equifax hacked
« Reply #6 on: September 09, 2017 01:34:48 AM »
I am not an attorney. My posts about my experiences are for entertainment and  possibly educational purposes only.

If you need legal help, you should seek legal counsel.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Equifax hacked
« Reply #7 on: September 09, 2017 02:11:07 AM »
Will be interesting if anything comes of a suit....

https://verizon.yahoo.com/finance/news/theres-line-new-equifax-fine-print-thats-raising-eyebrows-174037655.html

Nothing will come of the suit.  The attorneys will make a few million on both sides, and Equifax will extend the free monitoring and maybe a free freeze to those affected.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

CleaningUp

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Re: Equifax hacked
« Reply #8 on: September 09, 2017 08:36:29 PM »
Apparently, Equifax has caved to the pressure and removed the "no suit" clause from the offer.

kevinmanheim

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Re: Equifax hacked
« Reply #9 on: September 10, 2017 04:28:46 PM »
Seems like it's time to arbitrate.

Dolemite73

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Re: Equifax hacked
« Reply #10 on: September 13, 2017 02:53:54 PM »
While preparing my arbitration claim, I noticed Equifax just added this caveat to their arbitration clause:

Binding Arbitration. Any Claim (as defined below) raised by either You or Equifax against the other shall be subject to mandatory, binding arbitration. As used in this arbitration provision, the term "Claim" or "Claims" means any claim, dispute, or controversy between You and Us relating in any way to Your relationship with Equifax, including but not limited to any Claim arising from or relating to this Agreement, the Products or this Site, or any information You receive from Us, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought. This arbitration obligation extends to claims You may assert against Equifax’s parents, subsidiaries, affiliates, successors, assigns, employees, and agents. The term "Claim" shall have the broadest possible construction, except that it does not include any claim, dispute or controversy in which You contend that EIS violated the FCRA. Any claim, dispute, or controversy in which You contend that EIS violated the FCRA is not subject to this provision and shall not be resolved by arbitration. The term “Claim” or “Claims” also does not apply to any claim, dispute, or controversy related to the TrustedID Premier product, www.equifaxsecurity2017.com, www.trustedidpremier.com, www.trustedid.com or to the Equifax cybersecurity incident announced on September 7, 2017.

I guess they want those of us that have been identified as being part of the hack to sue them, huh?

hamsalad

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Re: Equifax hacked
« Reply #11 on: September 13, 2017 04:26:56 PM »
If one were affected by this breach, such as going to EQ's site, inputting one's last name and SS#, and receives the message "Based on the information provided, we believe that your personal information may have been impacted by this incident, how would you quantify damages should you choose to sue on an individual basis?

"One simply sues when federal laws are violated."

Dolemite73

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Re: Equifax hacked
« Reply #12 on: September 13, 2017 04:30:49 PM »
If one were affected by this breach, such as going to EQ's site, inputting one's last name and SS#, and receives the message "Based on the information provided, we believe that your personal information may have been impacted by this incident, how would you quantify damages should you choose to sue on an individual basis?
I would think invasion of privacy would be the main claim and maybe a FCRA claim by providing your data (via a hack) without permissible purpose.  That FCRA claim may be a stretch though.  But damages?  Nothing statutory, but actual (emotional distress) and punitive would be the way to go, IMO.

hamsalad

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Re: Equifax hacked
« Reply #13 on: September 13, 2017 05:00:49 PM »
I'm thinking impermissible purpose 1681b and failure to have adequate procedures in place to prevent unauthorized access 1681e. 

I also like invasion of privacy. 

I've attached two class actions from PACER.
"One simply sues when federal laws are violated."

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Equifax hacked
« Reply #14 on: September 13, 2017 05:41:55 PM »
While preparing my arbitration claim, I noticed Equifax just added this caveat to their arbitration clause:

Binding Arbitration. Any Claim (as defined below) raised by either You or Equifax against the other shall be subject to mandatory, binding arbitration. As used in this arbitration provision, the term "Claim" or "Claims" means any claim, dispute, or controversy between You and Us relating in any way to Your relationship with Equifax, including but not limited to any Claim arising from or relating to this Agreement, the Products or this Site, or any information You receive from Us, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought. This arbitration obligation extends to claims You may assert against Equifax’s parents, subsidiaries, affiliates, successors, assigns, employees, and agents. The term "Claim" shall have the broadest possible construction, except that it does not include any claim, dispute or controversy in which You contend that EIS violated the FCRA. Any claim, dispute, or controversy in which You contend that EIS violated the FCRA is not subject to this provision and shall not be resolved by arbitration. The term “Claim” or “Claims” also does not apply to any claim, dispute, or controversy related to the TrustedID Premier product, www.equifaxsecurity2017.com, www.trustedidpremier.com, www.trustedid.com or to the Equifax cybersecurity incident announced on September 7, 2017.

I guess they want those of us that have been identified as being part of the hack to sue them, huh?

That exclusion to arbitration was added after a group of people on social media sites started stirring up people over killing any class action chances when they sign up for the free trusted ID membership that contained the arbitration clause.  My guess is that it was a bunch of class action attorneys getting people riled up about that and in turn, Equifax announced they will exclude the security breach situation from arbitration because they don't need any more bad press at the moment.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)