The Equifax data breach has sent shock waves like we’ve never seen before. Some consumers are only now starting to realize the lasting damage and harm that this breach will have on their lives. Thank you for all of your calls and emails. Please continue to send concerned family, friends, co-workers to us at Equifax@Stritmatter.com. Yes – we have heard from folks from New York, Florida, Virginia, Arizona, California, etc.– a former employee of Equifax, data privacy experts, and reporters who are trying to separate fact from fiction.
I promise to write more soon, as I continue to try to respond personally to as many emails/calls as I can. But please let me address one pesky fiction that occasionally rears its head on corporate-leaning media outlets and individual’s social media posts: A class action against Equifax will address a deep-rooted systemic problem that puts all of us at risk. I cannot speak for all lawyers. But please think twice before rushing to judgement against those of us who are committed to advancing consumer rights. I will point to our work in the massive Anthem data breach litigation: Significantly, as a result of the Anthem settlement, they have helped all affected from the breach by holding Anthem accountable. The agreement includes a court enforced term that will hold Anthem to a more rigorous standard in its safeguarding of Personally Identifiable Information (PII). Anthem will have to spend at least $90 million annually on beefing up its cybersecurity practices for the coming years. At minimum, my clients will get awarded between $5K -$15K each. Then, there are dozens of attorneys like myself who have invested countless hours and dollars (yes – pursuing class actions costs money) and we will not want to retire anytime soon. BTW: note that federal law has a strict limit on attorneys’ fees.
Thanks to all of you who have contacted us with your stories, questions and concerns. As with our many other clients, we want to help give you a voice and make sure that you recover from this historic data breach.
For the last several months, I have gone mostly dark on this website. Not purposely. But I’ll admit that the absence of posts here was in large part a reaction to two events–one involving my personal life and the other involving our body politic.
All of us should not give up in the face of the breathtaking insolence of leaders beholden to corporations. I refer not only to Congress’ onslaught against consumer privacy and consumer class actions, but also to the daily (sometimes hourly) blitz on individual rights. Admittedly, it’s difficult to keep track as the battles grow more frequent.
In the end, I urge all of you to tune out the immediate noise. Please know that there are attorneys such as myself who are dedicated to the long-term fight for each consumer’s privacy rights. Always remember that our privacy rights are inextricably entwined with my fight to protect the consumer. Yes, each of us love the convenience that Google, Amazon, Apple, and other major corporations offer us. And, some of these corporations are doing a decent job to protect individual privacy rights. But each of us must remain diligent.
Please stay tuned for the following new blog posts:
- Think that a data breach won’t hurt you? Thank again. – I will share with you some eye opening stories of a client, whose personal data was compromised as the result of a massive healthcare data breach. To this day, she continues to deal with identity fraud.
- Experian rubs salt in the wounds of 143+ million breach victims – Don’t accept offers for “free credit monitoring,” from Equifax. In addition to giving up your valuable Personal Information, you will also give you your right to sue Equifax. If you think that arbitration sounds fair enough, you are in for a rude awakening.
In Joan Longenecker-Wells v. Benecard Services, Inc., plaintiffs were employees who learned that their personal information, including date of birth, social security number, addresses, etc. which resulted in fraudulently filed tax returns. The Third Circuit dismissed the Plaintiff’s claims, stating that their negligence claims were barred by the economic loss doctrine. The Third Circuit explains:
The District Court held that because Plaintiffs’ negligence claim sounds only in economic loss resulting from the fraudulent tax returns filed with their information, the economic loss doctrine bars their claim. We agree.
Food for thought. Can we say that a plaintiff, who experiences this grave injustice of losing the benefit of a 5 figure tax return is only sustaining economic loss? The real harm and the risk of ongoing identity fraud is more than economically and emotionally harmful. We must focus on the deeper rooted issue that lies at the heart of data intrusion cases. The fundamental right to privacy that has deep roots in our history now extends to our digital privacy.
In contrast, we have Taylor v. Spherion Staffing LLC, et al. No. 3:15-cv-2299 (N.D. Ohio 2015), Ernst v. Dish Network, LLC, et al. No. 1:12-cv-8794 (S.D.N.Y May 27, 2016); Hillson et al. v. Kelly Services, No. 2:15-cv-10803 (E.D. Mich. June 8, 2016). These cases settled and involved allegations of statutory violations. Keep in mind that Spokeo left open the possibility that a statutory violation may involve a real risk of harm to satisfy the concreteness requirement. Thus, settlement may have presented a more attractive alternative than extended litigation about the sufficiency of alleged harms.
WA AG Ferguson urges T-Mobile customers “…to take immediate steps to determine whether you have been a victim of ID theft, and to protect your information going forward,” he said in a statement offering advice to affected consumers.
According to T-Mobile and the credit-reporting company Experian, the breach compromised data that was used by T-Mobile to run credit checks of individuals who applied for T-Mobile services from Sept. 1, 2013, through Sept. 16, 2015. Unauthorized access was gained to Experian’s servers, exposing data including name, address, birthdate, Social Security number, other ID numbers (such as driver’s license, military ID, or passport numbers), and additional information used in T-Mobile’s credit assessment. An estimated 15 million consumers nationwide may have had their data compromised. Experian plans to notify affected consumers.
The Attorney General’s Office offers affected consumers the following advice to guard against identity theft.
- Monitor your credit reports. You are entitled to one free credit report every 12 monthsfrom each of the three nationwide credit bureaus (Equifax, Experian and Trans Union). You can request one free report from a different bureau every four months to monitor throughout the year.
- Consider placing a “fraud alert” with each of the three credit bureaus. An alert does not block potential new credit, but places a comment on your history. Creditors should contact you prior to opening a new account.
- Consider placing a “security freeze” with each of the three credit bureaus to prohibit the release of any information from your reports. A security freeze can help prevent identity theft since most businesses will not open credit accounts without checking a consumer’s credit history first. This increases the likelihood that if an ID thief tries to open a new account under your name, they will be denied.
- Beware of unsolicited calls or emails offering credit monitoring or identity theft services. Consumers should never provide their Social Security number, credit card numbers or other personal information in response to unsolicited emails or calls.
If you find unexplained activity on your credit reports, or if you believe you are the victim of identity theft, check these resources for information on steps you can take to protect yourself.
- Review the Attorney General’s ID theft website.
- Review the Federal Trade Commission’s ID theft website.
This entry is republished from an Oct. 9, 2015 blog entry at http://nw-injurylawyers.com/.