Equifax Data Breach Lawsuit
In September 2017, Equifax announced that it had been the victim of a criminal cyber-attack on its systems. The attackers gained unauthorized access to the personal information of approximately 147 million U.S. consumers. This information included people’s names, Social Security numbers, birth dates, addresses, and in some instances driver’s license numbers, credit card numbers, or other personal information.
Numerous lawsuits were brought on behalf of consumers whose personal information was impacted as a result of the data breach. The U.S. District Court for the Northern District of Georgia is overseeing these lawsuits. These lawsuits were consolidated into one class action lawsuit known as In re: Equifax Inc. Customer Data Security Breach Litigation, Case No. 1:17-md-2800-TWT (Ga. ND 2017) (the “Equifax Data Breach Lawsuit”).
The Equifax Data Breach Lawsuit is a class action lawsuit, which alleges that Equifax did not adequately protect consumers’ personal information and that Equifax unreasonably delayed providing notice of the data breach.
What is a Class Action Lawsuit?
Often consumers who have claims against a defendant choose not to file a lawsuit because the individual claim may be small or minor. For example, if Equifax stole $100.00 from 147 million U.S. consumers, that would equal $1.47 billion. However, in this example, many consumers might not bother to bring a lawsuit for $100.00.
Class actions allow consumers with small or minor claims, based on the same or similar circumstances, to bring one lawsuit. In a class action, one or more people called “class representatives” sue on behalf of themselves and all other people with similar claims. All of these people together are the “class” or “class members.”
Because the Equifax Data Breach is a class action, even persons who did not file their own lawsuit can obtain relief from harm that may have been caused by the data breach, unless those individuals exclude themselves from the settlement class by the deadline.
The Equifax Data Breach Lawsuit Proposed Settlement
Although Equifax denies any wrongdoing, it has reached a proposed settlement that would cover all affected Americans who are part of the class. Under the settlement, Equifax will pay at least $380,500,000 into a Consumer Restitution Fund. Among other things, the Consumer Restitution Fund will be used to pay each of the affected 147 million U.S. consumers an estimated $125.00 in compensation.
How do I Find Out if I am Part of the Equifax Data Breach Lawsuit
You are a settlement class member if you are among the approximately 147 million U.S. consumers whose personal information was impacted by the Equifax Data Breach. Since 147 million U.S. consumers is nearly 1 out of 3 Americans, it is very likely you were affected by the breach. You can confirm you are a settlement class member, and eligible for benefits, by checking this website.
Why Should I Exclude Myself from the Settlement?
Every consumer who had their personal information disclosed by the data breach will be bound by the settlement reached in the Equifax Data Breach Lawsuit unless the consumer chooses to be excluded from the class (also known as “opting out”) by the court-established deadline.
If you make a claim under the settlement, or if you do nothing, you will be releasing all of your legal claims relating to the data breach against Equifax when the settlement becomes final. By releasing your legal claims, you are giving up the right to file separate legal claims or seek further compensation from Equifax for any harm related to the data breach—whether or not you are currently aware of those claims.
If you opt out or exclude yourself from the settlement, you will lose any right to participate in the settlement, including the right to receive $125 compensation or other benefits. However, by opting out of the settlement, affected consumers will keep any rights they have against Equifax, including the ability to file their own claims against Equifax in separate lawsuits.
Since, consumers can easily confirm their data was compromised by the link above and Equifax’s liability will be established by the settlement, separate actions by individual consumers based upon the same legal claims are essentially “slam-dunks.” By opting out of the class settlement and pursing individual lawsuits against Equifax, affected consumers can, and more likely than not would, receive significantly more compensation than $125.
For example, the class representatives would receive $2,500.00 each under the settlement. Not surprisingly, Equifax hopes that few people will opt-out of the settlement. If you do not want to opt-out of the settlement, you must submit a claim to receive the $125.00 compensation. Details can be found here.
How do I Exclude Myself from the Settlement?
You will be bound by the terms of the settlement unless you submit a timely and signed written request to be excluded from it by November 19, 2019. To exclude yourself from the settlement you must mail a letter postmarked no later than November 19, 2019, to:
Equifax Data Breach Class Action Settlement Administrator
Attn: Exclusion
c/o JND Legal Administration
P.O. Box 91318
Seattle, WA 98111-9418
To successfully opt-out, the letter must contain the following information:
- The name of the proceeding—In re: Equifax Inc. Customer Data Security Breach Litigation, Case No. 1:17-md-2800-TWT, or similar identifying words such as “Equifax Data Breach Lawsuit”);
- Your full name;
- Your current address;
- The words “Request for Exclusion” at the top of the document or a statement that you do not wish to participate in the settlement; and
- Your signature.
If you do not comply with these procedures and the deadline for exclusions, you will lose any opportunity to exclude yourself from the settlement class, and your rights will be determined in the Equifax Data Breach Lawsuit by the settlement if it is approved by the court.
Gulisano Law Represents Consumers who have Opted-Out of the Equifax Data Breach Lawsuit
If you opt-out of the Equifax Data Breach Lawsuit, you can file your own action against Equifax. You will need to find your own attorney to represent you in that lawsuit. Gulisano Law represents consumers who have opted-out of the Equifax Data Breach Lawsuit on a contingency fee basis, meaning there is no upfront cost to clients and no legal fee unless you win.