[WSBAPT] Equifax

[Josh Grant]

How did you rule?
Josh
Retired Dt. Ct. Judge

From: Schmidt & Yee 
Sent: Wednesday, April 11, 2018 7:07 AM
To: 'WSBA Probate & Trust Listserv' 
Subject: Re: [WSBAPT] Equifax

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-helps-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

I learn, I give. – Gloria Steinem

 

NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.  

 

Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.

P  Please consider the trees before printing this document

 



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