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Has anyone thought of suing Equifax in small claims court?

Established Member

Has anyone thought of suing Equifax in small claims court?

I'm considering the possibility of suing Equifax in small claims court for damages related to the recent data breach.

 

Anyone want to put their two cents worth in on this?

Message 1 of 8
7 REPLIES
Valued Contributor

Re: Has anyone thought of suing Equifax in small claims court?

You'd have to prove the damages in court and prove that the Equifax breach actually caused those damages.

 

You can sue them for negligence, though.  ChatBot will help you: https://www.theverge.com/2017/9/11/16290730/equifax-chatbots-ai-joshua-browder-security-breach

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Message 2 of 8
Community Leader
Valued Contributor

Re: Has anyone thought of suing Equifax in small claims court?


ABCD2199 wrote:

You'd have to prove the damages in court and prove that the Equifax breach actually caused those damages.

 

You can sue them for negligence, though.  ChatBot will help you: https://www.theverge.com/2017/9/11/16290730/equifax-chatbots-ai-joshua-browder-security-breach


Interesting. The Chatbot is currently setup to help you file a small claims for New York & California. For other states it say "check back in 12 hours". From The Verge article it sounds like it can automatically fill out the necessary legal forms by answering its questions.

For those with a bit more confidence in their legal skills and want to take on Equifax on small claims you might try Turbo Court. I used it a week ago to file a case in Superior Court against the car dealership that sold me a car on 9/1/17. (See my post in the SmorgasBoard forum, Dealer sold me a car they don't have a title for?) I filed Friday afternoon 10/27 and Monday morning 10/30 it was accepted, filed, & served. Turbo Court can file your case in: Arizona, North Carolina, California, New Hampshire, District of Columbia, New Jersey, Florida, Nevada, Illinois, New York City Civil Court, Indiana, Ohio, Massachusetts, Oregon, Maryland, Texas, Michigan, Wisconsin & Minnesota.

 

I might file a small claims against Equifax, I'm in litigatious mood. Smiley Wink You can get up to $3500 in Small Claims in Arizona. Equifax is geared up to fight far more costly Class Action lawsuits, it would be much more difficult for them fight hundreds or thousands of small claims cases.

 

EDIT: The legal name & address of Equifax appears to be:

EQUIFAX INC.
1550 Peachtree Street, N.W.
Atlanta, Georgia 30309

 

EDIT 2: In filling out the forms on Turbo Court the question comes up This claim arises from: Tort, Contract or Debt? I'm going with Tort - A tort is a civil wrong that gives rise to a legal claim for bodily injury or for damage to property. The most common tort is negligence.

And FYI, it only costs $15 to file a small claims case in AZ, this will vary by state.


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Message 3 of 8
Established Contributor

Re: Has anyone thought of suing Equifax in small claims court?

ID theft was rampant before the hack.  You would have to show probablility that the Equifax hack made you vulnerable wheras you were not vulnerable before in order to have Standing, wouldn't you?

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Message 4 of 8
Moderator

Re: Has anyone thought of suing Equifax in small claims court?

They will most likely move to have these all transferred to federal court where they will die.

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Message 5 of 8
Established Member

Re: Has anyone thought of suing Equifax in small claims court?

Filed a lawsuit in Los Angeles County Small Claims Court yesterday against Equifax for negligence. Court date is February 15. Wish me luck.

Message 6 of 8
Regular Contributor

Re: Has anyone thought of suing Equifax in small claims court?


ScooterLowe1957 wrote:

Filed a lawsuit in Los Angeles County Small Claims Court yesterday against Equifax for negligence. Court date is February 15. Wish me luck.


I truly hope you prevail. Equifax definitely deserves their comeuppance. 

 

However, is it really worth a few thousand bucks to potentially be hassled going forward, when attempting to deal with Equifax?

 

If they put you on that list, then you have to hassle with the Special Handling Department anytime you need something done, which can be inconveniencing down the road, to say the least.

Message 7 of 8
New Contributor

Re: Has anyone thought of suing Equifax in small claims court?

Can I get a copy of the filing I would like to file

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Message 8 of 8