Author Topic: Equifax hacked  (Read 1857 times)

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fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Equifax hacked
« Reply #45 on: October 22, 2017 11:54:04 AM »
Look at the laws used in your state regarding personal injury cases.  There are usually state laws regarding Negligent infliction of emotional distress (or other damages) that may apply to Equifax here.

They certainly acted in a Negligent way that will cause all of us to have to take measures to protect not only our credit reports but entire identity for the rest of our lives (because having your SS number, birth date, name and other information out on the black market will never go away. It will be sold many times over for the next 25 years or more).
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)

shozee

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Re: Equifax hacked
« Reply #46 on: October 25, 2017 04:12:39 PM »
And the IRS even gave them a contract for more work after the hack.

CleaningUp

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Re: Equifax hacked
« Reply #47 on: October 25, 2017 05:52:40 PM »
If  you read the releases on the award, you will find that it was an extension of an existing contract and justified on the grounds that bringing in a new contractor at this stage would cost he government more taxpayers' money than the extension would.

When big contracts like this are on the block, it is very difficult to unseat the prime contractor because of this knowledge and experience within the system...

And this is one of the reasons why major government contractors spend big bucks in developing responsive proposals to major new government RFPs.  Landing the first contract is key to extensive amounts of work going through the years.

Sandy Toes

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Re: Equifax hacked
« Reply #48 on: October 26, 2017 09:30:07 PM »
When big contracts like this are on the block, it is very difficult to unseat the prime contractor because of this knowledge and experience within the system...
Especially bribery system...

CleaningUp

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Re: Equifax hacked
« Reply #49 on: October 27, 2017 03:56:21 AM »
There's very little bribery, I can assure you of that.

Working the sole-source system is easy when you become the lead or prime contractor.  Why?  Because you own the talent that designed the program, that's why.

If you own the detailed knowledge of the planning and are the employer of those who have the plan in there heads, you'll almost always be the winning team.

A program that I was part of the program office almost lost prime contractor status when our Tech Director was killed in a car crash.  HE was the one who had the whole plan in his head.  We finally got reconfirmed because we were able to show that the design elements were diversified and that we could lose a key individual and still deliver on time and within budget.

Dolemite73

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Re: Equifax hacked
« Reply #50 on: November 08, 2017 04:34:38 PM »
Found this on an older arbitration from 2014:

Continuation. This arbitration provision shall survive: (i) the termination or changes in the Terms of Use or the relationship between You and Us, including but not limited to the purchase of a new or additional Product by You; and (ii) the termination or changes in Our providing any Product(s) to You.

Gotta love survivability clauses.  I just filed my case.
AAA just accepted my case.  Seems like EQ's arb clause is now up to AAA standards.  File away!

hamsalad

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Re: Equifax hacked
« Reply #51 on: November 08, 2017 08:50:15 PM »
Equifax's arb agreement is registered on AAA's site with a date of 7/7/2016.  It doesn't have an FCRA exemption and includes language stating "This arbitration obligation extends to claims You may assert against Equifax’s parents, subsidiaries, affiliates, successors, assigns, employees, agents. The term "Claim" shall have the broadest possible construction."

Here is the clause as listed in AAA's registry:

AGREEMENT TO RESOLVE ALL DISPUTES BY BINDING INDIVIDUAL ARBITRATION. PLEASE READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS BY REQUIRING ARBITRATION OF DISPUTES (EXCEPT AS SET FORTH BELOW) AND A WAIVER OF THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION. ARBITRATION PROVIDES A QUICK AND COST EFFECTIVE MECHANISM FOR RESOLVING DISPUTES, BUT YOU SHOULD BE AWARE THAT IT ALSO LIMITS YOUR RIGHTS TO DISCOVERY AND APPEAL.

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 these Terms of Use, 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, agents. The term "Claim" shall have the broadest possible construction. The arbitration will be conducted as an individual arbitration. Neither You nor We consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general action, or other representative action. By consenting to submit Your Claims to arbitration, You will be forfeiting Your right to bring or participate in any class action (whether as a named plaintiff or a class member) or to share in any class action awards, including class claims where a class has not yet been certified, even if the facts and circumstances upon which the Claims are based already occurred or existed. As an exception to the arbitration provision, You retain the right to pursue in small claims court, on an individual basis, any Claim that is within that court's jurisdiction.

Right to Opt-Out of this Arbitration Provision. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION, YOU HAVE THE RIGHT TO EXCLUDE YOURSELF. Opting out of the arbitration provision will have no adverse effect on your relationship with Equifax or the delivery of Products to You by Equifax. In order to exclude Yourself from the arbitration provision, You must notify Equifax in writing within 30 days of the date that You first accept these Terms of Use on the Site (for Products purchased from Equifax on the Site). If You purchased Your Product other than on the Site, and thus these Terms of Use were mailed, emailed or otherwise delivered to You, then You must notify Equifax in writing within 30 days of the date that You receive the Terms of Use. To be effective, timely written notice of opt out must be delivered to Equifax Consumer Services LLC, Attn.: Arbitration Opt-Out, P.O. Box 105496, Atlanta, GA 30348, and must include Your name, address, and Equifax User ID, as well as a clear statement that You do not wish to resolve disputes with Equifax through arbitration. If You have previously notified Equifax that You wish to opt-out of arbitration, You are not required to do so again. Any opt-out request postmarked after the opt-out deadline or that fails to satisfy the other requirements above will not be valid, and You must pursue your Claim in arbitration or small claims court.

Initiation of Arbitration. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the arbitration is filed unless any portion of those rules is inconsistent with any specific terms of this arbitration provision or these Terms of Use, in which case the terms of this arbitration provision and these Terms of Use will govern.

The AAA’s rules may be obtained at www.adr.org, or by calling the AAA at 1-88-778-7879. To commence an arbitration, you must file a copy of your written arbitration demand with the AAA (either online at www.adr.org or by mail addressed to AAA, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043). The arbitration shall be before a single arbitrator. The arbitrator will have the power to award a party any relief or remedy that the party could have received in court in accordance with the law or laws that apply to the dispute, subject to any limitations of liability or damages that exist under these Terms of Use. This agreement to arbitrate involves interstate commerce and is made pursuant to the Federal Arbitration Act, 9 U.S.C. sections 1-16 (the "FAA"). Any claim or dispute as to the enforceability of this arbitration provision's restrictions on your right to participate in or pursue a class action or class wide arbitration shall be decided by a court and not an arbitrator.

Payment of Arbitration Fees and Costs. In the event You file a Claim in arbitration in accordance with these provisions, We will advance all arbitration filing fees if You ask that We do so, in writing, prior to the commencement of the arbitration. The payment of any such fees will be made directly by Us to the AAA. Such requests should be mailed to Equifax Consumer Services LLC, Attn: Request for Payment of Arbitration Filing Fees, P.O. Box 105496, Atlanta, GA 30348. We will also pay all arbitrator fees. If Equifax prevails in the arbitration, then the arbitrator shall have the authority to require that You reimburse Equifax for the filing fees advanced, but only to the extent such fees would be recoverable by Us in a judicial action. You are responsible for all other fees and costs You incur in the arbitration, including attorney's fees and expert witness fees, except that the arbitrator shall have the authority to award attorney's fees and costs to the prevailing party; (i) based on applicable law; (ii) under the rules of the arbitration administrator; or (iii) if the arbitrator rules in Your favor and the arbitrator expressly determines that there is a good reason for requiring Us to pay those fees and costs.

Continuation. This arbitration provision shall survive: (i) termination or changes in the Terms of Use or the relationship between You and Us, including but not limited to the purchase of a new or additional Product by You; and (ii) termination or changes in Our providing any Product(s) to You.
"One simply sues when federal laws are violated."