[WSBAPT] Equifax

[Schmidt & Yee]

I do consumer work and I also recently heard a case in small claims where
plaintiff sued Equifax for the breach, so I had to do quite a bit of
research to rule on the case.

The best thing to do is to freeze the credit report. But, realize that there
can be no credit extensions while frozen. So, if you client needs a new
credit card or car loan, it won't happen.  

When the credit report is frozen, a PIN is issued to unfreeze the report. Be
sure it is guarded and kept in multiple places to find it because, if you
lose it, unfreezing the report is a nightmare.

 

There are multiple class action suits pending that your client could join.
There is a basis for a claim if your client has an actual loss and can show
the loss is traceable to the negligence of Equifax. That is the hard part
since there have been so many breaches of information, it is hard to trace.
Equifax claims that there has been no documented use of the information
hacked.  

Also, it is hard to prove damages unless something has actually occurred,
otherwise, damages are just speculative.

 

Also, there is an app that a guy developed that links a person to their
small claims court and fills out the form for the claim if your client is
interested in just pursuing the limits allowed in small claims.

https://www.usatoday.com/story/tech/news/2017/09/13/want-equifax-pay-bot-hel
ps-victims-file-15-000-small-claims-suit/663102001/

 

There are numerous articles online about the ability to sue and recover
damages and cases of failure and success.

Pam Yee

Schmidt & Yee, PC

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa E Schuchman
Sent: Tuesday, April 10, 2018 12:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Equifax

 

Hi, all,

 

Does anyone have experience with dealing with Equifax and its security
breach letters?  My client got a four-page "informational" letter explaining
the breach, what information of his was stolen, and recommending what he
could do.  He asked me for help, but I don't really know what to tell him
other than to freeze his credit.  The breach was in July, 2017, but they
recently discovered more consumers who were affected.  Any thoughts about
the usefulness of or concerns about a freeze?  Other thoughts on the
subject?

 

Thanks.

 

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com <http://www.lisaschuchman.com/> 

I learn, I give. - Gloria Steinem

 

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