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(Yahoo)   The creators of DoNotPay, a bot that lets you automatically contest traffic tickets, has set up a website that will allow you to file a small claims lawsuit against Equifax for $10,000-$15,000 with a single click   ( finance.yahoo.com) divider line
    More: Hero, Plaintiff, small claims, small claims court, class action, Lawyer, Browder, Equifax, Joshua Browder  
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10988 clicks; posted to Main » on 12 Sep 2017 at 1:39 PM (32 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2017-09-12 01:41:11 PM  
What the hell did Experian do?
 
2017-09-12 01:42:34 PM  
Nuh-uhhhhhh
 
2017-09-12 01:43:09 PM  
Equifax, submittard.
 
2017-09-12 01:44:07 PM  

beezeltown: What the hell did Experian do?


Preemptive strike?

img.fark.netView Full Size
 
2017-09-12 01:44:19 PM  

beezeltown: What the hell did Experian do?


I already got an email from Experian the other night basically saying "You know that Equifax data breach? THAT'S NOT US!!!!"
 
2017-09-12 01:46:39 PM  
Pretty sure Experian had one too a while back

/the whole SSI # thing is F'd
 
2017-09-12 01:46:40 PM  
Just point Faux News to this Fark headline and it'll be real.
 
2017-09-12 01:46:42 PM  

little big man: beezeltown: What the hell did Experian do?

Preemptive strike?

[img.fark.net image 500x300]


It's only fair.

The banks get to robo-sue.
 
2017-09-12 01:47:35 PM  
Since I'm sure subby is frantically clicking the farkback button in order to get a modmin to fix the farkup ...

img.fark.netView Full Size
 
2017-09-12 01:48:38 PM  
Good luck to all who enter any class action suit.

You will have to prove it was your data, leaked by Equifax, that caused your identity theft/fraud problem.  You can't just go in and say "My identity was stolen and Equifax says my data was stolen so it must have been from the breach!!!"  Equifax's army of lawyers will say "Prove it" and you won't be able to.

You're pretty much boned.
 
2017-09-12 01:50:01 PM  
Headline is now fixed, though Equifax is still broken.
 
2017-09-12 01:51:38 PM  

NotThatGuyAgain: Good luck to all who enter any class action suit.

You will have to prove it was your data, leaked by Equifax, that caused your identity theft/fraud problem.  You can't just go in and say "My identity was stolen and Equifax says my data was stolen so it must have been from the breach!!!"  Equifax's army of lawyers will say "Prove it" and you won't be able to.

You're pretty much boned.


I suppose you also have to have lost some money in the process before you can ask to recover damages.
 
2017-09-12 01:53:18 PM  
Filled out the forms... Step one is to demand payment of the x amount from Exp... anyone know if posting a letter is sufficient? (In Calf)?

Then, how long to wait for the inevitable No?

Then to file the paperwork...
 
2017-09-12 01:53:46 PM  

NotThatGuyAgain: Good luck to all who enter any class action suit.

You will have to prove it was your data, leaked by Equifax, that caused your identity theft/fraud problem.  You can't just go in and say "My identity was stolen and Equifax says my data was stolen so it must have been from the breach!!!"  Equifax's army of lawyers will say "Prove it" and you won't be able to.

You're pretty much boned.


Interesting enough, TFA is bout the means anencephaly ability to avoid class action suits and take them to small claims court.

/but who reads TFA?
//not you
///or me
 
2017-09-12 01:54:37 PM  
It's safe.  It just creates a .pdf.  The only info it takes is your name, phone, and mailing address for the form, which thousands of marketing companies already have anyway.  Doesn't even ask for email.

Of course, the court it wants me to file in is over 100 miles away, so there's that.
 
2017-09-12 01:55:39 PM  
How I loathe the credit rating companies.
 
2017-09-12 01:56:54 PM  

kendelrio: NotThatGuyAgain: Good luck to all who enter any class action suit.

You will have to prove it was your data, leaked by Equifax, that caused your identity theft/fraud problem.  You can't just go in and say "My identity was stolen and Equifax says my data was stolen so it must have been from the breach!!!"  Equifax's army of lawyers will say "Prove it" and you won't be able to.

You're pretty much boned.

Interesting enough, TFA is bout the means anencephaly ability to avoid class action suits and take them to small claims court.

/but who reads TFA?
//not you
///or me


img.fark.netView Full Size
 
2017-09-12 01:58:24 PM  
15 grand i'd totally be willing to drive 100 miles.
 
2017-09-12 02:02:16 PM  
RIP, Expedia.com.
 
2017-09-12 02:02:32 PM  

NotThatGuyAgain: Good luck to all who enter any class action suit.

You will have to prove it was your data, leaked by Equifax, that caused your identity theft/fraud problem.  You can't just go in and say "My identity was stolen and Equifax says my data was stolen so it must have been from the breach!!!"  Equifax's army of lawyers will say "Prove it" and you won't be able to.

You're pretty much boned.


So we're all Equifarked?
 
2017-09-12 02:02:39 PM  

theresnothinglft: 15 grand i'd totally be willing to drive 100 miles.


Hell I'd drive five hundred more.
 
2017-09-12 02:03:06 PM  

justanotherfarkinfarker: Pretty sure Experian had one too a while back

/the whole SSI # thing is F'd


Fun fact: Experian is a corporate descendant of TRW Information Services, the company in The Falcon and the Snowman.

Fun security breach: Christopher Boyce and I have the same birthday.
 
jbc [TotalFark]
2017-09-12 02:06:24 PM  
I hope Experian takes Subby to small claims court. I hope CarFax does too.
 
2017-09-12 02:06:58 PM  
I thought we already dealt with this whole Enron fiasco?
 
2017-09-12 02:08:16 PM  
NotThatGuyAgain:
You will have to prove it was your data, leaked by Equifax, that caused your identity theft/fraud problem. You can't just go in and say "My identity was stolen and Equifax says my data was stolen so it must have been from the breach!!!"  Equifax's army of lawyers will say "Prove it" and you won't be able to.

You're pretty much boned.


Not necessarily- there's a phase called Discovery that requires them to hand over a metric universeton of evidence, essentially anything and everything that they have that might be related to the case. All you need to do is get past the point where you have a suggestion that you were harmed by their negligence (i.e. a standing). Have you had fraudulent charges on your credit card in the past few months (even if your credit card company reversed them)? Yep, you qualify, since your time and effort to get them reversed might have value. Heck, filing the papers will require Equifax to send a lawyer, which isn't cheap, and if you get a judgement that you have standing and can move on to discovery they'll probably offer you a settlement just to get you to go away... at least until the bankruptcy filing, at which your case is handed over to the bankruptcy court and you're their problem.

No guarantee of success, of course (and no, I'm not a lawyer, I just have enough experience in certain areas to talk like I play one on TV), but there's your path to payout.
 
2017-09-12 02:08:29 PM  

Tomahawk513: I thought we already dealt with this whole Enron fiasco?


No, that was Exxon.
 
2017-09-12 02:11:16 PM  
Look, I know ESPN sucks, but you can't file a claim against them for being shiatty...
 
2017-09-12 02:14:16 PM  

MrKevvy: Headline is now fixed, though Equifax is still broken.


No offense to subby, but I wish it were the other way round.
 
2017-09-12 02:14:24 PM  
Will DoNotPay also protect you from being prosecuted or countersued for a fraudulent claim?
 
2017-09-12 02:14:26 PM  
So we all get a free 15k?
 
2017-09-12 02:16:33 PM  

Walker: beezeltown: What the hell did Experian do?

I already got an email from Experian the other night basically saying "You know that Equifax data breach? THAT'S NOT US!!!!"


Equifax says my information is "probably affected" by their breach.  I've got free Experian-only credit monitoring through USAA.  But USAA offers a three-credit-bureau service for $13 a month so I signed up for that.
 
2017-09-12 02:19:51 PM  

Opacity: NotThatGuyAgain:
You will have to prove it was your data, leaked by Equifax, that caused your identity theft/fraud problem. You can't just go in and say "My identity was stolen and Equifax says my data was stolen so it must have been from the breach!!!"  Equifax's army of lawyers will say "Prove it" and you won't be able to.

You're pretty much boned.

Not necessarily- there's a phase called Discovery that requires them to hand over a metric universeton of evidence, essentially anything and everything that they have that might be related to the case. All you need to do is get past the point where you have a suggestion that you were harmed by their negligence (i.e. a standing). Have you had fraudulent charges on your credit card in the past few months (even if your credit card company reversed them)? Yep, you qualify, since your time and effort to get them reversed might have value. Heck, filing the papers will require Equifax to send a lawyer, which isn't cheap, and if you get a judgement that you have standing and can move on to discovery they'll probably offer you a settlement just to get you to go away... at least until the bankruptcy filing, at which your case is handed over to the bankruptcy court and you're their problem.

No guarantee of success, of course (and no, I'm not a lawyer, I just have enough experience in certain areas to talk like I play one on TV), but there's your path to payout.


Discovery is generally not available in small claims court, since it (sort of) defeats the purpose of small claims vs. ordinary court.  This statement isn't universally true, however - and there may be exceptions - but it's mostly true.
 
2017-09-12 02:23:10 PM  

Eli WhiskeyDik: Equifax, submittard.


What do you expect from a subby that's still using Yahoo as a news source?
 
2017-09-12 02:23:11 PM  
Interesting concept. Raises many moot points.

Unfortunately, as a Canadian, I probably could not be a party to an American lawsuit if I wanted to be, so fark that.

Canadians and British people were stung by this leak, but have no legal recourse unless they can sue in Canada and the UK, and court judgements against corporations are way less likely and way less liberal. Mind you, most of the money either goes to the lawyers or else gets cut back on appeal, so even the Big (American Big) Money is never nearly so big as it looks when seen under the light of day.
 
2017-09-12 02:24:41 PM  
 
2017-09-12 02:25:05 PM  

Katerchen: theresnothinglft: 15 grand i'd totally be willing to drive 100 miles.

Hell I'd drive five hundred more.


Just to be the man who'd drive 600 miles to not be so poor.
 
2017-09-12 02:27:48 PM  

Skwrl: Discovery is generally not available in small claims court, since it (sort of) defeats the purpose of small claims vs. ordinary court. This statement isn't universally true, however - and there may be exceptions - but it's mostly true.


Just asked a coworker (who is a night school lawyer that I admittedly wouldn't use for even traffic court) with more familiarity with small claims than I have. The abbreviated answer is step 1 is getting in the door, but a lot depends on the judge and even more on the venue (so choose carefully). That said, discovery for a intangible loss is difficult, but not impossible.
 
2017-09-12 02:32:36 PM  
Mods fixed the name of the company but left the subject/verb agreement problem.
/ Just to annoy me, I assume.
 
2017-09-12 02:37:58 PM  
i.pinimg.comView Full Size

RIP EQUIFAX
 
2017-09-12 02:38:26 PM  
The biatch of it is the farks that stole our info can sit on it for a loooong time, well after Equifarks folds and renames. Then start doing shiatty things like opening bogus credit lines or farking with your tax returns.
 
2017-09-12 02:40:41 PM  

Opacity: NotThatGuyAgain:
You will have to prove it was your data, leaked by Equifax, that caused your identity theft/fraud problem. You can't just go in and say "My identity was stolen and Equifax says my data was stolen so it must have been from the breach!!!"  Equifax's army of lawyers will say "Prove it" and you won't be able to.

You're pretty much boned.

Not necessarily- there's a phase called Discovery that requires them to hand over a metric universeton of evidence, essentially anything and everything that they have that might be related to the case. All you need to do is get past the point where you have a suggestion that you were harmed by their negligence (i.e. a standing). Have you had fraudulent charges on your credit card in the past few months (even if your credit card company reversed them)? Yep, you qualify, since your time and effort to get them reversed might have value. Heck, filing the papers will require Equifax to send a lawyer, which isn't cheap, and if you get a judgement that you have standing and can move on to discovery they'll probably offer you a settlement just to get you to go away... at least until the bankruptcy filing, at which your case is handed over to the bankruptcy court and you're their problem.

No guarantee of success, of course (and no, I'm not a lawyer, I just have enough experience in certain areas to talk like I play one on TV), but there's your path to payout.


I've had a lot of experience in this very area - the company I worked for had a breach (wasn't a hack, though) and we were sued by a pile of people who blamed their ID theft woes on our breach (were they?  beats me).  I don't recall a single plaintiff who won and certainly none who got a settlement.

And trust me, Equifax doesn't have to go out and hire a farking lawyer.  They already have plenty in house and plenty more on retainer.
 
2017-09-12 02:42:52 PM  

MrBallou: NotThatGuyAgain: Good luck to all who enter any class action suit.

You will have to prove it was your data, leaked by Equifax, that caused your identity theft/fraud problem.  You can't just go in and say "My identity was stolen and Equifax says my data was stolen so it must have been from the breach!!!"  Equifax's army of lawyers will say "Prove it" and you won't be able to.

You're pretty much boned.

I suppose you also have to have lost some money in the process before you can ask to recover damages.


Probably not on that. The fact that the internet has all the data it needs to screw you at any time for the rest of your life is probably damage enough.  As for the proof it seems Equifax has built a craptastic website to more or less verify that.  Form the sound of it it's bad enough that you just need to put in your info enough times to get the results you want. Screenshot it and now you can say your website says it's me prove that's not.   Besides, 144 million is pretty much any adult in the us with credit plus a bunch of dead ones, including the judge and any out of work Starbucks baristas they hire to represent them.

On a side note, if just 250k people file for 10k that's 2.5 billion.  That's almost one years revenue if they settle out of court.  The other option is hiring a ton of non lawyers to represent them in small claims court.  That could wreck them even before the class actions come into play.  For that matter what could that do to the court systems?
 
2017-09-12 02:45:01 PM  
The Beatings Will Continue Until Morale Improves

i.pinimg.com
RIP EQUIFAX


Except right no their stock is up 2% for the day. How quickly everyone forgets.
 
2017-09-12 02:48:22 PM  
And you have to enter your SSN to file the lawsuit
 
2017-09-12 02:48:23 PM  
According to Equifax:
img.fark.netView Full Size


So I looked into this DoNotPay legal file generator. I work at a firm that has something similar for business formation. You put in some data, it spits out documents ready to file.

Here's item 4 on the form DoNotPay generated for California:
img.fark.netView Full Size


Not sure I'm going to go through with this yet, but just in case I do, I called Equifax's support line and asked if they are offering compensation for people affected. Of course the person on the phone didn't know, so I just asked for $10,000 from Equifax for the apparent breach of my SSN. Then I explained why I asked (filing a small-claims lawsuit), and indicated that since the call was being recorded, that constituted me asking for the amount by phone.

(By the way, according to the woman I talked to, it wasn't a hack...Someone physically broke into a data center and stole data storage devices.)
 
2017-09-12 02:49:19 PM  

The Beatings Will Continue Until Morale Improves: [i.pinimg.com image 624x413]
RIP EQUIFAX


img.fark.netView Full Size
 
2017-09-12 02:50:31 PM  
Expect this to be outlawed soon.
 
2017-09-12 02:53:33 PM  

NotThatGuyAgain: Good luck to all who enter any class action suit.

You will have to prove it was your data, leaked by Equifax, that caused your identity theft/fraud problem.  You can't just go in and say "My identity was stolen and Equifax says my data was stolen so it must have been from the breach!!!"  Equifax's army of lawyers will say "Prove it" and you won't be able to.

You're pretty much boned.


They're gonna need a bigger army
 
2017-09-12 02:53:35 PM  
If you want a lesson in how not to run a call center, call the phone number on that equifaxsecurity2017 com   site.

Its like theyre going down the list & checking off all the things you shouldnt do.
 
2017-09-12 02:56:48 PM  

Random Anonymous Blackmail: Except right no their stock is up 2% for the day. How quickly everyone forgets.


Dead cat bounce.

People who dumped stock just dumping a few bucks back in and making another fat wad of cash. 2% of a few hundred grand ain't a bad day.
 
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