No, Equifax Isn't Taking Away Your Right to Sue
Following Equifax's disclosure Thursday (Sept. 7) that data pertaining to 143 million U.S. residents may have been stolen from the credit-reporting agency, the company set up a website, https://www.equifaxsecurity2017.com/, where individuals could check to see whether they were impacted.
Credit: Alexander Kirch/Shutterstock
So here's some good news: Equifax has now made clear that you won't be giving up any rights.
The waiver/arbitration clause set off a mild firestorm on social media Friday, with some angry commenters taking it to mean that even checking to see whether you were affected by the Equifax breach would cause you to forfeit your legal rights. (That wasn't accurate.)
By Friday afternoon, New York Attorney General Eric Schneiderman stated on Twitter: "This language is unacceptable and unenforceable. My staff has already contacted @Equifax to demand that they remove it."
A close read of the offending clause made pretty clear, at least to this non-lawyer, that the class-action waiver and agreement to arbitration applied to TrustedID, not to Equifax.
By Monday (Sept. 11), the entire waiver/arbitration clause had been removed, and Equifax had added a new passage to its main breach-notification page.