News & Analysis as of

Equifax Financial Services Industry

McGlinchey Stafford

FCRA Action Dismissed for Lack of Standing and Failure to State a Claim

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In July 2024, the United States Court for the District of Massachusetts dismissed a pro se litigant’s claims against Experian Information Services LLC (Experian), TransUnion LLC (TransUnion), and Equifax Information...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #376 – Credit Reporting Agencies Extend Program to Check Credit Report Weekly for Free

Credit reporting agencies TransUnion, Experian, and Equifax have extended their programs to provide consumers with the ability to access their credit reports for free on a weekly, rather than yearly, basis....more

Benesch

FTC Amends Financial Institution Safeguards Rule Including New Information Security Requirements

Benesch on

The updated rule also includes new exemptions, expands the definition of “financial institution,” and creates new accountability requirements. On October 27th the Federal Trade Commission (“FTC”) adopted and published...more

Womble Bond Dickinson

Fifth Circuit Affirms Dismissal FCRA Claims Based on Failure to Include a Single Credit Item on Credit Reports

Womble Bond Dickinson on

In Hammer v. Equifax, the Fifth Circuit affirmed the district court’s dismissal of FCRA claims against Experian and Equifax in a September 9, 2020 published decision. Accepting the allegations of the twice amended...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending September 13, 2019

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Real Property Update - Lost Note / Standing: differences in initial plaintiff's name in initial complaint and chain of assignments attached to amended complaint cast doubt on plaintiff's standing to enforce lost note and...more

Ballard Spahr LLP

Equifax Reaches Historic $575 Million Settlement Agreement Arising from 2017 Data Breach

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Equifax has agreed to pay $575 million to settle consumer as well as state and federal regulatory claims for its 2017 data breach. This is the largest data breach settlement to date. ...more

Robins Kaplan LLP

Financial Daily Dose 7.22.2019 | Top Story: Equifax Nears $700 million Settlement Over Privacy Breach

Robins Kaplan LLP on

Credit bureau Equifax is closing in on an agreement with federal and state authorities in which it would pay $650-700 million to resolve claims related to the massive breach it revealed in September 2017 that exposed personal...more

Robinson+Cole Data Privacy + Security Insider

Federal Legislation Enables Consumers to Obtain Security Freezes on Credit Reports Free of Charge

Federal legislation recently took effect that prohibits consumer reporting agencies from charging a fee to place or remove (lift) a security freeze on a consumer credit report in response to a consumer request. ...more

Manatt, Phelps & Phillips, LLP

State Financial Regulators Settle With Equifax Over Data Breach

Pursuant to a consent order with eight state financial regulators, Equifax agreed to take corrective actions following its record-breaking 2017 data breach, but avoided paying any fines or penalties....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 11, 2018

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REAL PROPERTY UPDATE - Summary Judgment: incorporation of an affirmative defense by referencing “previously filed pleadings” does not obviate movant’s obligation to comply with particularity requirements mandated by rule...more

Goodwin

Massachusetts Case Against Equifax Survives Motion to Dismiss

Goodwin on

On April 2, 2018, the Superior Court of Suffolk County, Massachusetts denied Equifax, Inc.’s motion to dismiss the Commonwealth’s case against it related to the company’s widely publicized 2017 data breach. Although the...more

Moore & Van Allen PLLC

Cybersecurity Enforcement and Regulation - 2017 In Review

Moore & Van Allen PLLC on

Cyber attacks continue to be a pervasive and destructive threat to all institutions and the legal and regulatory landscape currently in place to address those threats continues be reshaped in an effort to address those...more

Patterson Belknap Webb & Tyler LLP

Former Equifax Exec Charged with Insider Trading: Underscores Need for Trading Halt Plans

The Equifax hack has taken another twist – one that raises questions that every public company should consider....more

Patterson Belknap Webb & Tyler LLP

The Equifax Breach Continues to Rage

Six months after a massive data breach at credit reporting company Equifax, Inc. handed hackers the personal information of nearly 150 million Americans, the fallout continues. Equifax first disclosed in September that...more

Ballard Spahr LLP

OR, NY, AL, and RI considering data breach legislation post-Equifax

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In the absence of federal action, state legislators continue to propose bills that would increase data privacy and security protections for consumers. Any entity that does business in these states or maintains confidential...more

Ballard Spahr LLP

Mnuchin to discuss Equifax data breach with FSOC

Ballard Spahr LLP on

Appearing before the House Financial Services Committee Tuesday at a hearing entitled “The Annual Report of the Financial Stability Oversight Council” (FSOC), Treasury Secretary Mnuchin indicated that he intends to discuss...more

Ballard Spahr LLP

CFPB reportedly puts investigation of Equifax on ice while other government agencies press forward

Ballard Spahr LLP on

Equifax announced on September 7, 2017 a massive data breach affecting an estimated 143 million consumers. Richard Cordray, the then Director of the CFPB, shortly thereafter authorized an investigation according to several...more

Patterson Belknap Webb & Tyler LLP

Equifax Must Turn Over NY Breach Data This Week

New York State regulators won’t be letting Equifax, Inc. off-the-hook any time soon for last year’s massive data breach that affected more than 145 million Americans....more

Troutman Pepper

Consumer Data Breach: Equifax and Arbitration

Troutman Pepper on

The latest large consumer data breach, this time involving Equifax, has also shed a sharp light on an ongoing controversy about consumers’ access to justice. In taking steps to ameliorate its PR crisis, Equifax found itself...more

Ballard Spahr LLP

Impact on military of CRA override of CFPB arbitration rule continues to be distorted

Ballard Spahr LLP on

Enough is enough! I recognize that reasonable minds can differ with respect to whether the Senate should override the CFPB arbitration rule. However, it is inexcusable when plaintiffs’ lawyers and consumer advocates...more

Carlton Fields

Jump in Credit Scores Means Dip in Underwriting Predictability

Carlton Fields on

Underwriters that rely on popular credit-scoring models like FICO and VantageScore to assess risk may have noticed that some consumer credit scores jumped recently. The nationwide credit reporting agencies, Equifax Inc.,...more

Patterson Belknap Webb & Tyler LLP

Another Bumpy Week for Equifax: Virus Hits Website, IRS Suspends Contract and Hacked UK Residents Notified

It was another chaotic week for Equifax Inc., still scrambling to stem the torrent of bad news after its massive data breach last month that has potentially affected more than half of the U.S.’s adult population....more

Orrick, Herrington & Sutcliffe LLP

Plaintiffs’ Lawyer Predicts $1 Billion Settlement in Data Breach Case – But Where’s the “Harm”?

This week, a high profile plaintiffs’ firm (Edelson) stated that “if done right,” the data breach class actions against Equifax should yield more than $1 billion in cash going directly to more than 143 million consumers...more

Ballard Spahr LLP

State AGs ask Experian to waive credit freeze fees

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An Assistant Illinois Attorney General, in a letter sent to Experian’s CEO on behalf of the Illinois AG and the AGs of 35 other states and the District of Columbia, has asked Experian not to charge any credit freeze-related...more

Patterson Belknap Webb & Tyler LLP

Equifax Flunked Index Provider’s Cybersecurity Test A Year Ago

A financial index provider foretold the Equifax Inc. data breach more than a year ago, warning that the rating agency “is vulnerable to data theft and security breaches.”...more

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