Author Topic: Equifax hacked  (Read 2150 times)

0 Members and 1 Guest are viewing this topic.

fisthardcheese

  • Valued Member
  • Posts: 3816
  • They forced arbitration into your contract. Use it
Re: Equifax hacked
« Reply #30 on: September 20, 2017 11:31:14 AM »
I would never leave my CRA reports unfrozen.

Do you leave your valuables on the front porch at night, hoping no one wanders by and takes them?

Freezing is a simple process. So is unfreezing.

Yes, but there are not laws holding the builder of my porch responsible for keeping everything on it secure.  If there were, and I did leave things on it over night that were stolen, I would know who to hold responsible in court.
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)

Sandy Toes

  • Valued Member
  • Posts: 28
Re: Equifax hacked
« Reply #31 on: September 21, 2017 06:24:32 PM »
It'll be interesting to hear why Equifax put someone with degrees in music in charge of the company’s data security...

CleaningUp

  • Valued Member
  • Posts: 10455
Re: Equifax hacked
« Reply #32 on: September 21, 2017 08:37:47 PM »
I know a couple of Harvard Law graduates who are bartenders.

Music is just another form of mathematics and logic.

credit_h

  • Valued Member
  • Posts: 351
Re: Equifax hacked
« Reply #33 on: September 29, 2017 03:14:08 AM »
Can somebody provide some examples of damages they could be pursued?

rebuilder2006

  • Valued Member
  • Posts: 550
Re: Equifax hacked
« Reply #34 on: October 17, 2017 05:31:06 PM »
Can somebody provide some examples of damages they could be pursued?

(1) Negligence; and
(2) Violations of Unfair Competition Law (your state)



CleaningUp

  • Valued Member
  • Posts: 10455
Re: Equifax hacked
« Reply #35 on: October 17, 2017 06:33:16 PM »
What statute are you going to sue for negligence under?  The FDCPA doesn't cover CRAs, and the FCRA doesn't cover the subject.

What is your argument that is going to sustain an "unfair competition" charge under a state statute?  In what "competition" are they engaged?  How was that "competition" unfair?

All I see in your post, rebuilder, is some serious straw-grabbing.

Of you are going to help the OP, you might want to show the facts and the logic that you would use to get your case past summary dismissal.

rebuilder2006

  • Valued Member
  • Posts: 550
Re: Equifax hacked
« Reply #36 on: October 17, 2017 09:19:32 PM »
What statute are you going to sue for negligence under?  The FDCPA doesn't cover CRAs, and the FCRA doesn't cover the subject.

Negligence stands all on its own - it doesn't need to be tied to a statute.

And the FDCPA and FCRA (as described) doesn't apply here whatsoever - no one said it did.

What is your argument that is going to sustain an "unfair competition" charge under a state statute?  In what "competition" are they engaged?  How was that "competition" unfair?

All I see in your post, rebuilder, is some serious straw-grabbing.

Of you are going to help the OP, you might want to show the facts and the logic that you would use to get your case past summary dismissal.

Do you want me to draft his complaint for him also?

Here is a good example:

https://www.pillsburylaw.com/images/content/1/1/v2/113475/complaint-Block-v.-Equifax-Inc.-et-al.-No.-3-17-cv-05367-SK.pdf


CleaningUp

  • Valued Member
  • Posts: 10455
Re: Equifax hacked
« Reply #37 on: October 17, 2017 11:35:55 PM »
In a court of law, everything is tied to a statute.

As for drafting the complaint, you're the one that is alleging "unfair competition". 

I'm merely questioning how a data breach at a CRA can qualify as "unfair competition.

And, I would think, that any judge would be asking the same question if you put it in a complaint.

As for the sample complaint that you charge, that's nothing more than an attempt to set up a class action suit.   That's all going to revolve around what a "reasonable amount of time" is.

Equifax is going to argue that they had a stronger obligation to identify and fix the data breach BEFORE announcing it.  And they are likely going to win on that argument.
« Last Edit: October 17, 2017 11:42:02 PM by CleaningUp »

rebuilder2006

  • Valued Member
  • Posts: 550
Re: Equifax hacked
« Reply #38 on: October 18, 2017 04:52:01 PM »
In a court of law, everything is tied to a statute.

Wrong.

It is common law - in this case common law negligence.  Common law is the opposite of statutory law.

As for the sample complaint that you charge, that's nothing more than an attempt to set up a class action suit.   That's all going to revolve around what a "reasonable amount of time" is.

Equifax is going to argue that they had a stronger obligation to identify and fix the data breach BEFORE announcing it.  And they are likely going to win on that argument.

Not a chance in h*ll Equifax wins that red-herring argument.

Especially in light of the fact that three of Equifax's top executives on the Monday after they discovered the data breach (which was on a Friday) - sold millions of dollars of their stock - which was 40 days BEFORE they made the breach public.

And in light of the fact that Equifax was breached several times before, in 2016 alone, and did not fix it.

And a fact not in the complaint, was notified by U.S. Homeland Security in March (4 months before the breach) that their site was vulnerable to attack - and Equifax failed to correct the problem.

Sorry - but Equifax is going down - and going down hard.

They will probably survive - but they are going to have to make massive payouts.
« Last Edit: October 18, 2017 04:57:08 PM by rebuilder2006 »

CleaningUp

  • Valued Member
  • Posts: 10455
Re: Equifax hacked
« Reply #39 on: October 18, 2017 05:02:52 PM »
Try filing a suit on common law....

US courts are courts of "law" not courts of 'equity".

rebuilder2006

  • Valued Member
  • Posts: 550
Re: Equifax hacked
« Reply #40 on: October 18, 2017 09:27:00 PM »
Try filing a suit on common law....

US courts are courts of "law" not courts of 'equity".

I am not even going to dignify your uniformed opinion with a response.


CleaningUp

  • Valued Member
  • Posts: 10455
Re: Equifax hacked
« Reply #41 on: October 19, 2017 02:24:18 AM »
Sue on negligence without stating a statute, and see how fast the case gets dismissed.

Your "negligence" is bordering on the criminal.

Vincent_Vega

  • Valued Member
  • Posts: 62
Re: Equifax hacked
« Reply #42 on: October 19, 2017 09:54:03 PM »
Are you guys filing on Equifax yet?

My state's small-claims fee is $90...so after service of process, i'd be spending $100 to file on them.

I'm up for taking a flyer on it, but am somewhat worried that there really is no private cause of action here without actual damages.

Thoughts?
Amount collected from debt collectors:  $4,700

CleaningUp

  • Valued Member
  • Posts: 10455
Re: Equifax hacked
« Reply #43 on: October 20, 2017 12:00:44 AM »


...(B)ut am somewhat worried that there really is no private cause of action here without actual damages....




That's part of the problem of suing for something without having a statute on which to base a claim.

kevinmanheim

  • Valued Member
  • Posts: 11515
Re: Equifax hacked
« Reply #44 on: October 22, 2017 10:30:34 AM »
Are you guys filing on Equifax yet?

My state's small-claims fee is $90...so after service of process, i'd be spending $100 to file on them.

I'm up for taking a flyer on it, but am somewhat worried that there really is no private cause of action here without actual damages.

Thoughts?

FCRA.

Equifax provided your credit report to a third party or parties, and did so without a permissible purpose.

The disclosure was the result of Equifax's failure to protect the data. In failing to protect the data, Equifax knew, or should have known that the data would be disclosed to third parties because Equifax has previously been subject to hacking attempts.

Also look at your state's laws to see if they have a credit report statute.

 

credit