EQUIFAX DATA BREACH SETTLEMENT

Frequently Asked Questions

 

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  • Basic Information and Overview
  • 1. I received a notice of a class action settlement. Why?

    A Court authorized the notice to inform you how you may be affected by this proposed settlement. The notice describes the lawsuit, the general terms of the proposed settlement and what it may mean to you. The notice also explains how to participate in, or exclude yourself from, the settlement if you were impacted by the Data Breach.

    For information on how to determine if you are a Settlement Class Member, and therefore eligible for benefits under this settlement, see FAQ 5.

  • 2. What is this lawsuit about?

    In September 2017, Equifax announced that it had been the victim of a criminal cyberattack on its systems. The attackers gained unauthorized access to the personal information of approximately 147 million U.S. consumers. This information included people’s names, Social Security numbers, birth dates, addresses, and in some instances driver’s license numbers, credit card numbers, or other personal information.

    Numerous lawsuits were brought on behalf of consumers whose personal information was impacted as a result of the Data Breach. Chief Judge Thomas W. Thrash Jr. of the U.S. District Court for the Northern District of Georgia is overseeing these lawsuits. These lawsuits are known as In re: Equifax Inc. Customer Data Security Breach Litigation, Case No. 1:17-md-2800-TWT. The consumers who sued are called the “Plaintiffs.” Equifax, Inc., and two of its subsidiaries are the “Defendants.” Plaintiffs claim that Equifax did not adequately protect consumers’ personal information and that Equifax delayed in providing notice of the data breach. The most recent version of the lawsuit, which describes the specific legal claims alleged by the Plaintiffs, is available here. Equifax denies any wrongdoing, and no court or other judicial entity has made any judgment or other determination of any wrongdoing.

     

  • 3. Why is this a class action?

    In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. All of these people together are the “class” or “class members.” Because this is a class action, even persons who did not file their own lawsuit can obtain relief from harm that may have been caused by the Data Breach, except for those individuals who exclude themselves from the settlement class by the deadline.

  • 4. Why is there a settlement?

    The Court has not decided in favor of Plaintiffs or Equifax. Instead, both sides agreed to a settlement after a lengthy mediation process overseen by a retired federal judge. Settlements avoid the costs and uncertainty of a trial and related appeals, while more quickly providing benefits to members of the settlement class. The class representatives appointed to represent the class and the attorneys for the settlement class (“Class Counsel,” see FAQ 21) believe that the settlement is in the best interests of the Settlement Class Members.

  • Who Is Part of the Settlement
  • 5. How do I know if I am part of the settlement?

    You are a Settlement Class Member if you are among the approximately 147 million U.S. consumers identified by Equifax whose personal information was impacted by the Equifax Data Breach.

    You can confirm you are a Settlement Class Member, and eligible for benefits, by:

    • Going here; or
    • Calling the Settlement Administrator toll-free at 1-833-759-2982.


    When using the link above, if you have gone by more than one last name (for example, a maiden name and a married name), make sure that you check all of your last names. If you receive a message that your information was impacted, please use your last name that received the “impacted” message when submitting your claim form.

    Excluded from the settlement are:

    • Officers and directors of Equifax;
    • The presiding judge and any judicial staff involved in the lawsuit; and
    • Any Class Member who opts-out (see FAQ 24).
  • The Settlement Benefits
  • 6. What does the settlement provide?

    Equifax will pay at least $380,500,000 into a Consumer Restitution Fund. The Consumer Restitution Fund will be used to:

    • Make cash payments for Out-of-Pocket Losses and Time Spent (see FAQ 7);
    • Purchase Credit Monitoring Services (see FAQ 8);
    • Pay cash Alternative Reimbursement Compensation to Settlement Class Members who already have their own credit monitoring or identity protection coverage before making a claim (see FAQ 10);
    • Make cash payments for Subscription Product Reimbursement;
    • Purchase Restoration Services for all Settlement Class Members, regardless of whether they make a claim (see FAQ 11);
    • Pay the costs of notifying Settlement Class Members and administering the settlement;
    • Pay service awards to the Settlement Class Representatives, as approved by the Court (see FAQ 23);
    • Pay attorneys’ fees, costs, and expenses, as approved by the Court (see FAQ 22).

     

    If the Consumer Restitution Fund is used up, Equifax will pay up to an additional $125,000,000 to pay Out-of-Pocket Losses (see FAQ 13).

    Equifax has also agreed to implement and maintain certain business practices relating to its information security program (see FAQ 14). A detailed description of these business practices commitments is available in the Settlement Agreement, which is available here.

  • 7. How will the settlement compensate me for identity theft I have already suffered or money I have already paid to protect myself, and my time spent on those things?

    Settlement Benefit: Cash Payment for Time Spent: If you spent time (i) dealing with fraud, identity theft, or other alleged misuse of your personal information that is fairly traceable to the Data Breach, or (ii) taking preventative measures (time placing or removing security freezes on your credit report, or purchasing credit monitoring or identity protection) that are fairly traceable to the Data Breach, then you may make a claim for reimbursement for $25 per hour for up to 20 hours.

    You may receive reimbursement for up to 10 hours at $25 per hour by providing a description of (i) the actions taken in response to the Data Breach in dealing with misuse of your information or taking preventative measures and (ii) the time associated with those actions. You must certify that the description is truthful. Valid claims for Time Spent will be reimbursed in 15-minute increments, with a minimum reimbursement of 1 hour per claim.

    To claim reimbursement of more than 10 hours of Time Spent during the Initial Claims Period, you must also provide reasonable documentation of fraud, identity theft, or other alleged misuse of your personal information fairly traceable to the Data Breach (i.e., letter from IRS or bank or police report).

    If there are more than $31 million in claims for Time Spent during the Initial Claims Period (see FAQ 12), all payments for Time Spent will be reduced and distributed on a proportional basis. Certain claims for Time Spent may also be made during the Extended Claims Period, up to a total cap of Time Spent during the Initial and Extended Claims Periods of $38 million in claims.

    Based on the number of potentially valid claims that have been submitted to date, payments for Time Spent likely will be substantially lowered.  Depending on the number of additional valid claims that are filed, the amount you receive may be a small percentage of your initial claim.

    The deadline to file a claim for time you have already spent as a result of the Data Breach is 01/22/2020. The deadline to file eligible claims for time you spend in the future as a result of the Data Breach is 01/22/2024 (see FAQ 12).

    Settlement Benefit: Payment for Unreimbursed Out-of-Pocket Losses: If you spent money to deal with fraud or identity theft that was fairly traceable to the Data Breach, or to protect yourself from future harm, then you can submit a claim for reimbursement up to $20,000 (including your claim for Time Spent). Out-of-Pocket Losses that are eligible for reimbursement may include, without limitation, the following:

    • Money spent on or after September 7, 2017, associated with placing or removing a security freeze on your credit report with any credit reporting agency;
    • Credit monitoring or identity theft protection costs you paid on or after September 7, 2017;
    • Unreimbursed costs, expenses, losses or charges you paid on or after May 13, 2017, because of identity theft or identity fraud, falsified tax returns, or other alleged misuse of your personal information;
    • Other miscellaneous expenses related to any Out-Of-Pocket Loss such as notary, fax, postage, copying, mileage, and long-distance telephone charges;
    • Professional fees incurred in connection with addressing identity theft, fraud, or falsified tax returns; and
    • Up to 25% reimbursement of the money you paid for Equifax credit monitoring or identity theft protection subscription products between September 7, 2016 and September 7, 2017.

     

    This list provides examples only, and other losses or costs fairly traceable to the Data Breach may also be eligible for reimbursement.  If you have questions, please call the Settlement Administrator at 1-833-759-2982.

    The Settlement Administrator will decide if your claim for Out-Of-Pocket Losses is valid. Only valid claims will be paid. The deadline to file a claim for Out-of-Pocket Losses you have already had is 01/22/2020. Certain claims for losses in the future as a result of the Data Breach may be made during the Extended Claims Period (see FAQ 12). The deadline to file those claims is 01/22/2024.

  • 8. How will the settlement help protect me against future identity theft and fraud?

    Settlement Benefit: Credit Monitoring Services: The settlement provides a way to help protect yourself from unauthorized use of your personal information. Settlement Class Members may submit a claim to enroll in at least four (4) years of three-bureau credit monitoring services, provided by Experian, at no cost. These services include the following features:

    • Three-bureau credit monitoring providing notice of changes to your credit report at all three national credit bureaus;
    • Up to $1 million dollars in insurance covering costs related to identity theft or fraud;
    • Real-time notification of credit inquiries and other notifications;
    • On-demand online access to a free copy of one-bureau credit report, updated on a monthly basis;
    • CyberAgent® Dark Web Monitoring that monitors internet activity for the trading or selling of your personal information;
    • Customer support provided by Experian; and
    • Many other features described here.

     

    If you make a valid claim and enroll in Credit Monitoring Services, you can also elect to enroll in up to six (6) years of one-bureau credit monitoring services provided by Equifax that would begin after the three-bureau Credit Monitoring Services expire. This one-bureau credit monitoring service will include automated online alerts for key changes to your Equifax credit report, on-demand online access to your Equifax credit report updated on a monthly basis, and, if you request, internet monitoring that includes searching suspicious websites for your Social Security number. You must opt in for these one-bureau services when you submit your claim for Credit Monitoring Services, and you will be sent instructions for how to enroll in the one-bureau monitoring before your three-bureau Credit Monitoring Services expire. The cost of this service will be paid separately by Equifax, not out of the Consumer Restitution Fund.

    Information about Credit Monitoring Services for minor children is provided in FAQ 9.

    The deadline for all claims for Credit Monitoring Services is 01/22/2020.

    If you submit a valid claim form and elect to enroll in Credit Monitoring Services, you will receive enrollment instructions by email after approval of the settlement. You may make a claim for both reimbursement for Out-of-Pocket Losses and/or Time Spent and Credit Monitoring Services. 

  • 9. Can minor children make a claim for Credit Monitoring Services?

    Settlement Benefit: Credit Monitoring Services for Minor Children: A parent or legal guardian of a Settlement Class Member who is a minor (under the age of 18) can make a claim for Credit Monitoring Services on the child’s behalf under the settlement. While the Settlement Class Member is under 18, they will receive minor monitoring services as follows: alerts when certain personal data appears on suspicious websites, including underground websites known as the “dark web;” alerts when the Social Security number is associated with new names or addresses or the creation of a consumer report at one or more of the three nationwide Consumer Reporting Agencies; and Identity Restoration Services in the event that a Settlement Class Member under the age of 18 has their identity compromised. Upon turning 18, the Settlement Class Member can enroll in the full Credit Monitoring Services. If a Settlement Class Member under the age of 18 has an Experian credit file with sufficient detail to permit authentication, a parent or guardian may enroll them in the full Credit Monitoring Services prior to their eighteenth birthday.

    Additionally, the parent or legal guardian can elect to enroll the minor in one-bureau credit monitoring services provided by Equifax that would begin after the Credit Monitoring Services expire for a period of up to 14 years. While the Settlement Class Member is under 18, they will receive minor monitoring services as follows: alerts when data elements such as a Social Security number submitted for monitoring appear on suspicious websites, including underground websites known as the “dark web;” for minors who do not have an Equifax credit file, a file is created, locked, and then monitored, and for minors with an Equifax credit file, their credit file is locked and then monitored. The Experian Credit Monitoring Services and the optional one-bureau credit monitoring provided by Equifax together will cover 18 years.

    The parent or legal guardian must opt for the minor to receive the one-bureau services when submitting a claim for the Credit Monitoring Services, and the parent or legal guardian will be sent instructions for how to enroll in the one-bureau monitoring before the Credit Monitoring Services expire. The cost of these services will be paid separately by Equifax, not out of the Consumer Restitution Fund.

  • 10. What if I already have credit monitoring or identity protection services?

    Settlement Benefit: Cash Alternative Reimbursement Compensation: If you already have some other kind of credit monitoring or protection services, and do not claim the free Credit Monitoring Services available through the settlement, you may file a claim for Alternative Reimbursement Compensation for up to $125. To claim Alternative Reimbursement Compensation you must certify that you have some form of credit monitoring or protection services on the date you submit your claim form, name the provider of those services, and certify that you will keep those services for a minimum of six (6) months. The amount that you receive may be substantially less than $125, depending on the number of claims that are filed. 

    You should keep in mind that:

    • The deadline for all claims for Alternative Reimbursement Compensation is 01/22/2020.
    • If you claim Alternative Reimbursement Compensation, you cannot claim free Credit Monitoring Services.
    • If you claim Alternative Reimbursement Compensation, you cannot also seek reimbursement for purchasing credit monitoring or protection services covering the 6 month period after you make your claim. However, you can still make other claims for Time Spent or Out-of-Pocket Losses.
    • If there are more than $31 million claims for Alternative Reimbursement Compensation, all payments for Alternative Reimbursement Compensation will be lowered and distributed on a proportional basis.
    • Based on the number of potentially valid claims that have been submitted to date, payments of Alternative Reimbursement Compensation claims likely will be substantially lowered and will be distributed on a proportional basis if the settlement becomes final.  Depending on the number of additional valid claims that are filed, the amount you receive may be a small percentage of your initial claim.
  • 11. How will the settlement help me deal with identity theft or fraud if it happens?

    Settlement Benefit: Free Identity Restoration Services: All Settlement Class Members will receive access to Assisted Identity Restoration Services if they experience an identity theft event. These services will be provided by Experian for a period of seven (7) years. These services include: 

    • Access to a U.S. based call center providing services relating to identity restoration.
    • Assignment of a certified Identity Theft Restoration Specialist to assist you in addressing an identity theft event.
    • Assistance with a step-by-step process to deal with companies, government agencies, and credit bureaus.

     

    All Settlement Class Members may access Identity Restoration Services after the settlement becomes final, even if you never make a claim from this settlement.

  • 12. What if I have Out-of-Pocket Losses or Time Spent because of the Equifax Data Breach in the future?

    All claims for Out-of-Pocket Losses or Time Spent that have already happened must be made by 01/22/2020.

    If there is still money in the Consumer Restitution Fund after all initial payments, there will be an “Extended Claims Period” which will allow you to make certain claims for Out-of-Pocket Losses or Time Spent that happen after the initial claims deadline. All such claims must be made by 01/22/2024 and will be paid on a first-come-first-served basis.

    During the Extended Claims Period, you can seek reimbursement for Out-of-Pocket Losses or Time Spent (but not losses of money and time associated with freezing or unfreezing credit reports or purchasing credit monitoring or protection services) if you certify that you have not already received reimbursement for the claimed loss.

    Note that claims for Time Spent likely will be lowered depending on how many valid claims are submitted by others.  (See FAQ 17]

  • 13. What claims can I make during the Extended Claims Period?

    If the Extended Claims Period goes into effect as described in FAQ 12, you can seek reimbursement for Out-of-Pocket Losses or Time Spent incurred during the Extended Claims Period (excluding losses of money and time associated with placing or removing a security freeze on your credit reports or purchasing credit monitoring or identity theft protection services) if you certify that you have not already received reimbursement for the claimed loss.

    You cannot make any of the following claims during the Extended Claims Period:

    • Claims for free Credit Monitoring Services (see FAQ 8).
    • Claims for cash Alternative Reimbursement Compensation for credit monitoring or protection (see FAQ 10).
    • Claims for Out-of-Pocket Losses or Time Spent associated with freezing or unfreezing credit reports or purchasing credit monitoring or protection services.
  • 14. Will the settlement include changes to Equifax’s data security program?

    Settlement Benefit: Data Security Business Practices Commitments by Equifax: Equifax has agreed to adopt, pay for, implement, and maintain extensive Business Practices Commitments related to information security for a period of five (5) years. A detailed description of these Business Practices Commitments is available in the Settlement Agreement, which is available here. These commitments will be assessed by an independent third party and be enforceable in court. Equifax also will not seek to enforce any arbitration provision in any Equifax product that has been offered in response to the Data Breach as of the date of the settlement agreement or that is provided under the settlement.

  • 15. What happens if there are leftover settlement funds?

    The Consumer Restitution Fund will be used to pay initial claims for Out-of-Pocket Losses and Time Spent, for Credit Monitoring Services and Alternative Reimbursement Compensation, for Identity Restoration Services, for administrative and notice costs, and for class representative service awards and attorneys’ fees and expenses as approved by the Court.

    • If there are still settlement funds, valid claims made during the Extended Claims Period will be paid on a first-come-first-served basis.
    • If settlement funds remain, the monetary caps for Time Spent (see FAQ 7) and Alternative Reimbursement Compensation (see FAQ 10) will be lifted (if applicable) and those payments will be increased proportionally up to the full amount of approved claims for Time Spent and Alternative Reimbursement Compensation.
    • If settlement funds still remain, up to three (3) additional years of Identity Restoration Services will be provided to all Settlement Class Members, regardless of whether they made a claim under the settlement.
    • If settlement funds still remain, additional Credit Monitoring Services (purchased in full month increments) will be provided to Settlement Class Members who claimed Credit Monitoring Services.
    • If any settlement funds still remain, then those remaining funds will be distributed by the court for consumer restitution and redress, but no money will be returned to Equifax.
  • 16. What happens if the Consumer Restitution Fund runs out of money?

    If the payments described in FAQ 6 use up the Consumer Restitution Fund, Equifax will add up to $125,000,000 as needed to pay valid claims for Out-of-Pocket Losses.

  • How To Get Settlement Benefits
  • 17. Will my cash compensation be affected by the number of claims made by others?

    Yes.  If you request or have requested a cash benefit for time spent and/or alternative reimbursement compensation, the amount you receive may be significantly reduced depending on the validity, number and amount of claims filed.  Based on the number of potentially valid claims for time and alternative compensation of up to $125 that have been submitted to date, payments of these benefits likely will be substantially lowered and will be distributed on a proportional basis if the settlement becomes final.  Depending on the number of additional valid claims that are filed, the amount you receive for time or alternative compensation may be a small percentage of your initial claim.

  • 18. How do I file a claim for Credit Monitoring Services, Time Spent, or Out-of-Pocket Losses?

    To obtain Credit Monitoring Services or to file a claim for reimbursement for Time Spent or Out-of-Pocket Losses fairly traceable to the Data Breach, you will need to file a claim form.

    There are two options for filing claims:

    1. File Online: You may fill out and submit the claim form online here. This is the quickest way to file a claim.

     

    1. File by Mail: Alternatively, you may simply fill out the claim form included with the notice and mail it to the address on the form with supporting documentation, if any.

     

    You can download a hard copy of the claim form here, or ask the Settlement Administrator to mail a claim form to you by calling 1-833-759-2982 or emailing them at info@EquifaxBreachSettlement.com.

     

    Fill out your claim form, and mail it to:

    Equifax Data Breach Litigation Claims
    c/o JND Legal Administration
    PO Box 91318
    Seattle, WA 98111-9418

     

    The deadline to file a claim is 01/22/2020 (this is the last day to file online and the postmark deadline for mailed claims).

    To fill out and submit a claim form during the Extended Claims Period (see FAQ 13), you will need to access and submit the Extended Claims Period claim form online; or contact the Settlement Administrator and request a hard copy of the Extended Claims Period claim form that can be filled out and returned by mail.

  • 19. When and how will I receive the benefits I claim from the settlement?

    Credit Monitoring Services claimed by Settlement Class Members will begin, and payments for valid claims will be made, after the Court enters a final judgment and the settlement becomes final. This may take several months or more; please be patient. Once there is a final judgment, it will be posted here.

    If you make a valid claim for Credit Monitoring Services, the Settlement Administrator will send you information on how to activate your credit monitoring once the settlement is final. The Settlement Administrator will provide you with an activation code and link to the Experian website where you can enroll and activate your Credit Monitoring Services.

    Checks or pre-paid cards for valid claims for Out-of-Pocket Losses, Time Spent, and Alternative Reimbursement Compensation will be mailed by the Settlement Administrator to the mailing address that you provide.

  • Legal Rights Resolved Through The Settlement
  • 20. What am I giving up to stay in the settlement class?

    If you make a claim under the settlement, or if you do nothing, you will be releasing all of your legal claims relating to the Data Breach against Equifax when the settlement becomes final. By releasing your legal claims, you are giving up the right to file, or to continue to pursue, separate legal claims against or seek further compensation from Equifax for any harm related to the Data Breach—whether or not you are currently aware of those claims.

    Unless you exclude yourself from the settlement (see FAQ 24), all of the decisions by the Court will bind you. That means you will be bound to the terms of the settlement and accompanying court orders, and cannot bring a lawsuit or be part of another lawsuit against Equifax regarding the Data Breach.

    Paragraphs 6-7 of the Settlement Agreement define the claims that will be released by Settlement Class Members who do not exclude themselves from the settlement. You can access the Settlement Agreement and read the specific details of the legal claims being released here.

    If you have any questions, you can contact the Settlement Administrator.

  • The Lawyers Representing You
  • 21. Do I have a lawyer in this case?

    Yes. The Court appointed the following attorneys to represent you and other Settlement Class Members as “Class Counsel.”

     

    Norman E. Siegel
    STUEVE SIEGEL HANSON LLP
    460 Nichols Road, Suite 200
    Kansas City, MO 64112

    Roy E. Barnes
    THE BARNES LAW GROUP, LLC
    31 Atlanta Street
    Marietta, GA 30060

    Amy E. Keller
    DiCELLO LEVITT GUTZLER LLC
    Ten North Dearborn Street, 11th Floor
    Chicago, IL 60602

    Kenneth S. Canfield
    DOFFERMYRE SHIELDS CANFIELD & KNOWLES, LLC
    1355 Peachtree Street, N.E., Suite 1725
    Atlanta, GA 30309

     

    You will not be charged by these lawyers for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.

    If you have questions about making a claim, please contact the Settlement Administrator.

  • 22. How will these lawyers be paid?

    Class Counsel have undertaken this case on a contingency-fee basis, meaning they have paid for all of the expenses in the case and have not been paid any money in relation to their work on this case. Accordingly, Class Counsel will ask the Court to award them attorneys’ fees of up to $77,500,000 and reimbursement for costs and expenses up to $3,000,000 to be paid from the Consumer Restitution Fund. The Court will decide the amount of fees and costs and expenses to be paid. You will not have to separately pay any portion of these fees yourself. Class Counsel’s request for attorneys’ fees and costs (which must be approved by the Court) will be filed by 10/29/2019 and will be available to view here.

  • 23. Will the class representatives receive any additional money?

    The class representatives in this action are listed in the Settlement Agreement, which is available here. Class Counsel will ask the Court to award these individuals “service awards” of $2,500 each for the time that they spent, and the risks that they undertook, in bringing this lawsuit on behalf of the class. This amount will also have to be approved by the Court. Any amount approved by the Court will be paid from the Consumer Restitution Fund.

  • Excluding Yourself From The Settlement
  • 24. How do I exclude myself from the settlement?

    If you are a member of the settlement class but do not want to remain in the class, you may exclude yourself from the class (also known as “opting out”). If you exclude yourself, you will lose any right to participate in the settlement, including any right to receive the benefits outlined in the Notice.

    If you decide on this option, you may keep any rights you have, if any, against Equifax and you may file your own lawsuit against Equifax based upon the same legal claims that are asserted in this lawsuit, but you will need to find your own attorney at your own cost to represent you in that lawsuit. If you are considering this option, you may want to consult an attorney to determine your options.

    IMPORTANT: You will be bound by the terms of the Settlement Agreement unless you submit a timely and signed written request to be excluded from the settlement. To exclude yourself from the settlement you must mail a “request for exclusion,” postmarked no later than 11/19/2019, to:

    Equifax Data Breach Class Action Settlement Administrator
    Attn: Exclusion
    c/o JND Legal Administration
    P.O. Box 91318
    Seattle, WA 98111-9418

    This statement must contain the following information:

    1. The name of this proceeding (In re: Equifax Inc. Customer Data Security Breach Litigation, Case No. 1:17-md-2800-TWT, or similar identifying words such as “Equifax Data Breach Lawsuit”);
    2. Your full name;
    3. Your current address;
    4. The words “Request for Exclusion” at the top of the document or a statement that you do not wish to participate in the settlement; and
    5. Your signature.

     

    If you do not comply with these procedures and the deadline for exclusions, you will lose any opportunity to exclude yourself from the settlement class, and your rights will be determined in this lawsuit by the Settlement Agreement if it is approved by the Court, and you may not recover under any other settlement agreement regarding the claims released as part of the settlement.

  • Objecting Or Commenting On The Settlement
  • 25. How do I tell the Court that I like or don't like the settlement?

    If you are a Settlement Class Member, you have the right to tell the Court what you think of the settlement. You can object to the settlement if you don’t think it is fair, reasonable, or adequate, and you can give reasons why you think the Court should not approve it. You can’t ask the Court to order a larger settlement; the Court can only approve or deny the settlement as it is.

    To object, you must send a letter stating that you object to the settlement. Your objection letter must include:

    1. The name of this proceeding (In re: Equifax Inc. Customer Data Security Breach Litigation, Case No. 1:17-md-2800-TWT, or similar identifying words such as “Equifax Data Breach Lawsuit”);
    2. Your full name and current address;
    3. Your personal signature (an attorney’s signature is not enough);
    4. A statement indicating why you think that you are a member of the settlement class;
    5. A statement with the reasons why you object, accompanied by any legal support for your objection;
    6. A statement identifying all class action settlements to which you have objected in the previous five (5) years; and
    7. A statement as to whether you intend to appear at the Fairness Hearing, either in person or through a lawyer, and if through a lawyer, identifying your lawyer by name, address, and telephone number, and four dates between 11/19/2019 and 12/05/2019 during which you are available to be deposed by counsel for the Parties.

     

    Additionally, if you are represented by a lawyer and your lawyer intends to speak at the Fairness Hearing, your written objection letter must include:

    1. A detailed statement of the specific legal and factual basis for each and every objection; and
    2. A detailed description of any and all evidence you may offer at the Fairness Hearing, including copies of any and all exhibits that you may introduce at the Fairness Hearing.

     

    Additionally, if you are represented by a lawyer, and your lawyer intends to seek compensation for his or her services from anyone other than you, your written objection letter must include:

    1. The identity of all lawyers who represent you, including any former or current lawyer who may be entitled to compensation for any reason related to the objection;
    2. A statement identifying all instances in which your lawyer or your lawyer’s law firm have objected to a class action settlement within the preceding five (5) years, giving the case name, case number, and court in which the class action settlement was filed;
    3. A statement identifying any and all agreements or contracts that relate to the objection or the process of objecting—whether written or oral—between the you, your lawyer, and/or any other person or entity;
    4. A description of your lawyer’s legal background and prior experience in connection with class action litigation; and
    5. A statement regarding whether your lawyer’s compensation will be calculated on the basis of a lodestar, contingency, or other method; an estimate of the amount of fees to be sought; the factual and legal justification for any fees to be sought; the number of hours already spent by your lawyer and an estimate of the hours to be spent in the future; and the lawyer’s hourly rate.

     

    To be considered by the Court, your objection letter must be filed electronically with the Court by 11/19/2019 or mailed, postmarked no later than 11/19/2019, to the following addresses:

    Equifax Data Breach Class Action Settlement Administrator
    Attn: Objection
    c/o JND Legal Administration
    P.O. Box 91318
    Seattle, WA 98111-9418

    If you do not comply with these procedures and the deadline for objections, you may lose any opportunity to have your objection considered at the Fairness Hearing or otherwise to contest the approval of the settlement or to appeal from any orders or judgments entered by the Court in connection with the proposed settlement. You will still be eligible to receive settlement benefits if the settlement becomes final even if you object to the settlement.

    The Court has scheduled a Fairness Hearing to listen to and consider any concerns or objections from Settlement Class Members regarding the fairness, adequacy, and reasonableness of the terms of the Settlement Agreement. That hearing will take place on 12/19/2019 at 10:00 a.m. before the Honorable Thomas W. Thrash Jr., at the United States District Court for the Northern District of Georgia located in Courtroom 2108 of the Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Dr., SW, Atlanta, GA 30303-3309. This hearing date and time may be moved. Please refer to the settlement website for notice of any changes.

  • Getting More Information
  • 26. Where can I get more information?

    For more information or to request that a copy of the Notice be sent to you in the mail, you can also contact the Settlement Administrator at 1-833-759-2982, by email at info@EquifaxBreachSettlement.com, or by mailing a letter to:

    Equifax Data Breach Settlement Administrator
    c/o JND Legal Administration
    PO Box 91318
    Seattle, WA 98111-9418 

    If you wish to communicate directly with Class Counsel, you may contact them (see FAQ 21). You may also seek advice and guidance from your own private lawyer at your own expense, if you wish to do so.

    These answers are only a summary of the lawsuit and the settlement. Other related documents can be accessed through the settlement website. If you have questions about the proposed settlement, or wish to receive a copy of the Settlement Agreement but do not have access to the Internet to download a copy online, you may contact the Settlement Administrator. The Court cannot respond to any questions regarding the Notice, the lawsuit, or the proposed settlement.

    Please do not contact the Court or its Clerk.

  • 27. What if I have questions for government regulators or state attorneys general?

    If you have questions for government regulators or state attorneys general, please click here to find the contact information for your state, click here for the Federal Trade Commission’s website, and click here for the Consumer Financial Protection Bureau’s website