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Equifax Hit With 'Dozens' of Lawsuits from Shareholders and Consumers -- Plus a Possible Class Action (chicagotribune.com)

An anonymous reader quotes the Washington Post: Since it announced a massive data breach earlier this month, Equifax has been hit with dozens of lawsuits from shareholders, consumers and now one filed by a small Wisconsin credit union that represents what could be the first by a financial institution attempting to preemptively recoup losses caused by alleged fraud the hack could cause... In the lawsuit, which seeks class action status, Madison-based Summit Credit Union says that financial institutions will have to bear the cost of canceling and reissuing credit cards as well as absorbing the cost of any fraudulent charges. They will also lose "profits because their members or customers were unwilling or unable to use their credit cards following the breach," according to the lawsuit...

"For financial institutions it is important: They bear the financial responsibility for identity theft," said Summit's attorney Stacey Slaughter of the law firm Robins Kaplan. "All of the components that would allow someone to create a new identity" were exposed in the Equifax hack.

Equifax responded that they can't comment on pending litigation, according to the article, though "Equifax has said it did its best to respond to the breach and alerted consumers as quickly as it could..."

"The company's stock price has fallen 27 percent since it announced the hack September 7."

62 comments

  1. Let me be the one to say it by Opportunist · · Score: 5, Insightful

    Good.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Let me be the one to say it by Anonymous Coward · · Score: 0

      Mod up.

      Security is not an afterthought, and the 27% drop is in line with competence. CEO's - please note security issues cant be hushed up or blow over anymore. The disclosure timelines speak for themselves.

    2. Re:Let me be the one to say it by Anonymous Coward · · Score: 0

      Not good enough.

      Try this:

      Heads. Spikes. Walls.

    3. Re: Let me be the one to say it by Anonymous Coward · · Score: 0

      Good, but not good enough. This is Enron like bullshit all over again. It will give the lawyers plenty of money lawgasms, meanwhile all those god damn executives get away without accountability after they know for 5 months and dumped their stocks. Those greedy mother fuckers are the ones that need the severe punishment.

  2. Disingenuous by Anonymous Coward · · Score: 2, Insightful

    "Equifax has said it did its best to respond to the breach and alerted consumers as quickly as it could..." - You mean Equifax alerted consumers as quickly as they could after their executives sold their shares...

    Pitiful. Hope they go outta business.

    1. Re:Disingenuous by Anonymous Coward · · Score: 0

      That was one of the first things that crossed my mind too.

      Add to that the complete farce of a response, their 'have I been affected' website that returned different results each time, not forgetting to mention Equifax adding a "by using this service you agree not to sue us" clause in its T&C's.
      Then the news the other day that your credit freeze can be undone just by using the very information that was stolen.

      I was going to respond to Equifax's "did its best to respond to the breach" by saying they've done the bare minimum, but it's not even that, it's a complete fucking joke.

      All we can hope for is for them to be hit hard by the lawsuits and investigations, but even that won't teach them and corporations like them a lesson. They'll probably just make the usual gesture of replacing a few people and rebranding, sweep it all under the carpet and carry on.

  3. I'm not so sure by rsilvergun · · Score: 2

    The class action will let them pay some lawyer a fill million and basically get indemnified against all future damages. OTOH with how weak our consumer protection laws are class action is about the only thing keeping companies, well I wouldn't call it "honest"... maybe just barely sorta in check.

    btw, if you're reading this and have been one of the ones railing against 'job killing regulations' (their words, not mine) this is the consequences of the relentless drive to stop government oversight in the name of freedom. Nobody ever cuts the rules about using squirrels for the purposes of gambling because those kind of silly laws are no longer enforced. They go after stuff that would punish Equifax for ignoring security.

    --
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    1. Re:I'm not so sure by Anonymous Coward · · Score: 1

      You don't have to join a class action suit. You're perfectly welcome to go dig up your own proof of harm, lawyer up, initiate a suit, and sue them in the court of your choice.

      They are in no way indemnified against all future damages except by those who agree to be part of the class action. Problem is, lawsuits are hard, which is why class actions exist. They put fear into corporations too big for individuals to sue.

  4. "Quickly as they could"??? BS. by SvnLyrBrto · · Score: 4, Insightful

    > "Equifax has said it did its best to respond to the
    > breach and alerted consumers as quickly as it
    > could..."

    And by "as quickly as it could", Equifax means that they view sitting on the breach and keeping the public in the dark while the C-levels sell off their stock as being legitimate.

    --
    Imagine all the people...
  5. Good riddance by Anonymous Coward · · Score: 0

    A private cancer on society, whose main job was giving great jobs to upper-crust incompetent inbreds.

    Burn.

  6. What good will it do ... by Anonymous Coward · · Score: 0

    ... when the hackers steal the litigation winnings from our bank accounts?

  7. Lawsuits Over What "Might" Happen by Anonymous Coward · · Score: 0

    Sorry, but none of these lawsuits over what "might" happen are going to see any scrutiny at all. In order to bring a civil action, one must be able to show demonstrable, factual harm. Suing over what "could" happen is not part of it.

    1. Re:Lawsuits Over What "Might" Happen by Anonymous Coward · · Score: 0

      By that logic, people who crack into systems to steal information but never use it aren't committing a crime.

      Given the nature of the information that Equifax was holding, it's essentially the keys to someone's modern life. The onus would be on Equifax to explain how and why the information was stolen.

      If our leaders had any sense, they'd use this case to justify shutting down the credit bureaus. They only hurt America by encouraging people to go into debt.

    2. Re: Lawsuits Over What "Might" Happen by Anonymous Coward · · Score: 0

      Holy crap. Look, legal eagle, there is a difference between statutory crimes and civil negligence claims. To make a prima facie case for negligence you have to show damages.

  8. Re:"Quickly as they could"??? BS. by Anonymous Coward · · Score: 0

    That's like a murderer saying, "but your honor, I killed her as quickly as I could".

    Uhhhh.... still a murderer, Equifax. You will pay.

  9. Banks and lenders must bear the liability by 140Mandak262Jamuna · · Score: 4, Insightful

    "For financial institutions it is important: They bear the financial responsibility for identity theft," said Summit's attorney Stacey Slaughter of the law firm Robins Kaplan. "All of the components that would allow someone to create a new identity" were exposed in the Equifax hack.

    It is not my job to securely guard my name, address and social security number. It is, in fact, impossible to secure it. It is the bank's responsibility to make sure they lend to the right person. Banks can not lend to any one claiming to be A and hold A responsible for default.

    If they lend to B and report A is in default, A should be able to sue the banks for libel.

    The root cause of this identity theft market is the willingness of the banks to lend without doing full verification of the identity. If banks won't lend so easily, then there is no reason for people to steal identity. Banks want to lend freely, without any verification. They make us prove we did not borrow the money and we were victims of identity theft. It should not be our responsibility.

    In fact they won't be able to collect in court if they sue us. The only weapon they have is to report us to be in default. Well, we need to take that weapon away from them. They should not be able to report default without first proving they lent to the person they allege to have defaulted on loans.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:Banks and lenders must bear the liability by Mitreya · · Score: 4, Insightful

      They make us prove we did not borrow the money and we were victims of identity theft. It should not be our responsibility.

      Yes, that. I hope the person who made up this misnomer "stolen identity" at least received a big bonus.
      No one can steal identity. My identity remains intact. Banks just hand out money in my name, because someone said they are me and banks believed them.
      Usually because that someone knows my SSN and my address/phone, which is out there now thanks to Equifax.

  10. What? Just 27%? by 140Mandak262Jamuna · · Score: 3, Insightful

    "The company's stock price has fallen 27 percent since it announced the hack September 7."

    Surprised it is still at 73% of old price. I would like it to go bankrupt and take the entire credit reporting industry down with it.

    We need to make both the banks, and the credit reporting agencies responsible for any fraudulent information they might publish. Claim A is in default of a loan, without proof that it was A who actually borrowed, bank should be liable for libel. Report the bank's claim, the credit reporting agency should be held accessory after the fact, aider and abettor. That is the only way to clean up the mess.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:What? Just 27%? by Mitreya · · Score: 4, Interesting

      Surprised it is still at 73% of old price. I would like it to go bankrupt and take the entire credit reporting industry down with it.

      I also would like Equifax to go bankrupt.
      However, I think stock price reflects the betting odds that nothing significant will come of it
      My understanding is that
      1) We are not even the customers of Equifax because someone else handed over our data to them and
      2) People suing would have to show standing. So you probably have to wait until your "identity" is "stolen", then prove that it was due to Equifax breach (nearly impossible, of course), and then maybe you can sue.

    2. Re:What? Just 27%? by Pieroxy · · Score: 1

      Most of the investors do not grasp what this is about. Nor do they care for that matter. For them, it's only about money.

      Until punishment for this kind of negligence do bankrupt companies, nobody will care. They'll get a fine and they'll walk.

      Also, after a mess of this magnitude, all NYSE transactions should be deemed invalid until a month before at least for the board. Those C-level deserves either jail or AT LEAST, all gains nullified. That's whether they were in or not. I don't care. Being that incompetent should be a crime.

    3. Re:What? Just 27%? by ArylAkamov · · Score: 2

      So...buy their stock while it is low and wait a few months for this to blow over, then sell?

    4. Re:What? Just 27%? by Anonymous Coward · · Score: 0

      I bought NYSE:EFX on the dip at about 94. It's over 105 now, so I've already made money, but I'm holding it and hoping that the actual clients of Equifax (not you: you are the data, not the client) won't leave. I'm hoping to see it rise to at least 141 again before I sell, because I want to make 150% of my money back.

    5. Re:What? Just 27%? by Anonymous Coward · · Score: 0

      Re 2)

      I only need to wait until the next time someone tries to use my identity to do anything.

      Which happens at least once a year.

      And I have the time and money to 'show standing', and in the next 12 months it will be a no brainer to prove that it was Equifax's fault.

      They will need to counter sue me to force me to have to prove that it was Equifax's fault.

      You be the judge, tell me what you think the outcome will be there!

      I may be biased, but its Equifax's fault.

  11. This should lead to reform by CustomBuild · · Score: 1

    In the credit reporting sector. Each of the three reporting agencies have operated without oversight for decades. We need to lock this industry with strict regulation. The current system is designed to maximize profit for everyone involved, but the actual reportee. We need to reduce the opelortunity for profiteering while simultaneously empowering the indIviduals in the report. No more charging to obtain your report. No more charging for FICO scores. Complete transparency in how a score is calculated and free reporting tools that give you a clear path to a better score. Gut all of the third party industries who prey on gullible people by promising to raise their score. Enough of this bullshit.

    1. Re:This should lead to reform by Anonymous Coward · · Score: 1

      Oversight is bad and communistic, we need less oversight so they can operate without all this extra burden stopping them from making more money!

    2. Re:This should lead to reform by Anonymous Coward · · Score: 0

      Amen brother!

    3. Re:This should lead to reform by Anonymous Coward · · Score: 0

      We need to lock this industry with strict regulation.

      I disagree. We simply need to repeal the Fair Credit Reporting Act. Then when they slander people, those people can sue them. That would straighten up the industry over night.

  12. What? by Gravis+Zero · · Score: 1

    Who are the idiots still holding onto Equifax stocks? Seriously, sell that shit and let Equifax burn.

    --
    Anons need not reply. Questions end with a question mark.
    1. Re:What? by Mitreya · · Score: 1

      Who are the idiots still holding onto Equifax stocks?

      The idiots who, based on prior evidence, expect this to blow over with no long-term effects.

      Is Equifax continuously receiving our data even now?
      Is Equifax making money from credit reports right now?
      Even if they do go bankrupt would someone rescue/buy them to get a hold of our data?

      Also, Equifax will earn extra money from people freezing/unfreezing their credit to try and keep safe(er). (I think they offer freezing for free until November? So they'll earn money after November, might even come out ahead at the end.)

    2. Re:What? by Zocalo · · Score: 1

      I think you're under the mistaken impression that financial analyists looks at the world in the same way that regular, sane, people do. Some of these clowns actually think now is a good time to BUY Equifax stock. Well, either that, or they're currently holding a lot of Equifax stock themselves and are looking for some suckers who they intend to leave holding the bag.

      --
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    3. Re: What? by Monster_user · · Score: 1

      I do believe I can verify every question you posted with an answer in the affirmative, with a first hand account.

      I don't think I've heard about a single business dropping Equifax, and definitely not a single one dropping the credit reporting bureaus entirely.

      Is there any other or better aggregate of data to calculate risks regarding loans or "credit" to individuals? Is a sourc exists, is it competitively priced and affordable?

  13. Criminal Charges Needed by Roger+W+Moore · · Score: 4, Insightful

    This is why suing Equifax into oblivion is not enough because then the company and shareholders, not the executives responsible for the lack of security, suffer. What is needed are criminal charges against those in charge of this fiasco. It sounds like there is already an investigation into insider trading but what is really needed is charges related to data protection but I don't know if US law allows for that like it does in the EU and Canada.

    1. Re: Criminal Charges Needed by sound+vision · · Score: 3, Insightful

      The share holders are investors who have volunteered to take a risk with their money. One of those risks is that they don't watch the business sufficiently and it gets ran incompetently then sued out of existence. I'm not sure it's perfectly just for the banks and lawyers to get the whole reward, but we can't bail out shareholders when their companies fail.

    2. Re: Criminal Charges Needed by drinkypoo · · Score: 1

      I'm not sure it's perfectly just for the banks and lawyers to get the whole reward, but we can't bail out shareholders when their companies fail.

      We shouldn't bail out banks, either. We should nationalize them. Shareholders already get a bailout, of sorts; corporations engage in all kinds of morally ambiguous (or outright outrageous) behavior, and often many kinds of illegal behavior as well, and shareholders are not held accountable for any of it, but they share in the profits when nobody gets caught and it all goes well.

      --
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    3. Re:Criminal Charges Needed by Maxo-Texas · · Score: 1

      See, this is the problem tho.

      You *CAN"T PROTECT YOUR DATA".

      How many of these have to occur.

      "Oh but they weren't patched"

      Doesn't matter, there will be new weaknesses discovered.

      Windows, Linux, and probably cloud computing are simply fundamentally insecure at this time.

      Only small custom systems are reasonably secure because so few people are trying to break into them. Anything that becomes financially viable becomes a target.

      You can't automate this stuff- you have to keep humans in the loop. And even then humans are socially hackable.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    4. Re:Criminal Charges Needed by dgatwood · · Score: 2

      This is why suing Equifax into oblivion is not enough because then the company and shareholders, not the executives responsible for the lack of security, suffer. What is needed are criminal charges against those in charge of this fiasco. It sounds like there is already an investigation into insider trading but what is really needed is charges related to data protection but I don't know if US law allows for that like it does in the EU and Canada.

      First, the shareholders should suffer. Equifax, like all of the credit bureaus, is a fundamentally flawed business model built upon the crazy notion that an identifier is somehow a way of proving your identity, rather than merely a fact about that identity. At their very core, these companies are the antithesis of security, and this has been obvious for decades. Yet they have done surprisingly little to shore up the gaping flaws in that business model.

      The shareholders, knowing that credit fraud is a rapidly growing problem, chose to invest in a company whose business is built on the vain hope that credit fraud will remain a minor nuisance. They invested in it knowing that eventually it could come crashing down in a giant ball of flame. They chose to ride the stock up, hoping to ride a wave of excess credit and get out before the inevitable collapse.

      This isn't the sort of company failure that deserves a bailout. It wasn't some bizarre fluke that was impossible to predict. Their entire business model breaks completely as soon as the majority of working Americans' SSNs become suddenly public, and the gradual loss of that secrecy has been glaringly obvious for a very, very long time. The only real question was whether one of the credit bureaus would be responsible for their downfall or some other group (e.g. the Social Security Administration). It was never a question of if; it was always a question of when.

      To quote the movie Airplane, "Shanna, they bought their tickets. They knew what they were getting into. I say, let 'em crash." If you bail the stockholders out for investing in a company built on a fundamentally shoddy foundation, then you're just encouraging people to take unnecessary risks and buy stocks that they should know better than to buy. They played Russian roulette, and they lost. End of story. The only question left is how to dispose of the company's corpse.

      As for the execs, though, criminal charges are not enough. We need to bring back public shaming in the court square. Stick them in the stockades and use a multi-trillion dollar fine against Equifax to pay for an endless supply of tomatoes so that anyone affected by the breach can exact their revenge. And live stream it worldwide so that these people can serve as an example to others about what happens when you amass vast quantities of personally identifying information without taking appropriate precautions to ensure that it remains safe.

      --

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    5. Re: Criminal Charges Needed by Anonymous Coward · · Score: 0

      Better solution. Shareholders are individually and collectively liable for any debt/judgment/liability not covered by the proceeds of chapter 7 liquidation.

    6. Re: Criminal Charges Needed by Anonymous Coward · · Score: 0

      RED PILL
      step 0, light a fire under sessions ass to get a warrant
      step 1, encircle the properties with swat teams.
      step 2, bring in re-enforcements, and air support
      step 3, indict dhs, fbi, cia, nsa, jttf, and the awan spy network
      step 4 lots of CLUBS and handcuffs. beat them then cuff them.
      step 5. raise the property.
      step 6, ability to lock and unlock your credit for LIFE

      http://market-ticker.org/akcs-www?post=232394

    7. Re: Criminal Charges Needed by Roger+W+Moore · · Score: 2

      The share holders are investors who have volunteered to take a risk with their money.

      I agree that to some extent the shareholders should suffer. However, if we want to stop this sort of thing happening again those directly responsible for the actions that lead to it must be held accountable and not allowed to hide behind the company and shareholders. In addition, there is very little shareholders can do to stop things like this. They can't stop executives insider trading nor can they easily find out about the appalling lack of security - effectively they are also victims albeit ones who did put their money into it knowing the risks.

    8. Re: Criminal Charges Needed by TFAFalcon · · Score: 1

      They can sue the executives for their decisions. Probably easier than the people affected by the breach.
      So round one should be a class action to bankrupt the company, round two should be shareholders against executives.

    9. Re: Criminal Charges Needed by Anonymous Coward · · Score: 1

      Shareholders can manage their companies. They are responsible for hiring & firing top executives. They would be smart to create blacklists of people who messed up when running companies - so these don't get hired into top level positions again.

    10. Re: Criminal Charges Needed by Anonymous Coward · · Score: 0

      Well, sure, you could do away with the concept of "limited liability corporations". There'll be less investment, because people would be forced to only invest in what they can see is sane.

    11. Re: Criminal Charges Needed by Anonymous Coward · · Score: 0

      How many of the shareholders are regular working stiffs whose investment in Equifax was carried out by the company managing their 401K or IRA? Do you really think its a good idea to bankrupt them because the management company that their employer's decided would invest their retirement funds decided to invest in Equifax?

    12. Re:Criminal Charges Needed by MachineShedFred · · Score: 1

      Most executives are largely paid with stock options, which are likely now worthless if they were not fully vested. Trust me, their attention has been captured.

      Specific laws about data protection that could be applied in the case of gross negligence (which this was) would be icing on the cake though. In the wake of Enron, every publicly traded company takes Sarbanes Oxley quite seriously - something along the same lines for data security may be necessary before this all gets better.

      --
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    13. Re: Criminal Charges Needed by MachineShedFred · · Score: 1

      The shareholders put their money up as an investment, and there are no guarantees on stock investments. There are no guarantees on returns, at all.

      If they like the stock going up, they must tolerate the stock going down. Those are the rules. And if the company is mismanaged and fails, the shareholders are the ones that installed the governance and executive management with their annual shareholder meeting voting, even if by proxy. The corporation is 100% owned by the shareholders, the shareholders get an ironclad liability shield as it sits, so the least they could do is take the on-the-books tax credit from losing their asses on owning part of a corporation that just fucked over 100+ million people, and their banks.

      I'm not crying for the shareholders at all - if they couldn't live without that money, they should have put it somewhere safer. Or executed any oversight whatsoever on an organization that only exists as a clearinghouse for privileged information, to make sure that privileged information doesn't leak.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    14. Re: Criminal Charges Needed by Anonymous Coward · · Score: 0

      That would be a wonderful law, except that it's passage would see the largest liquidation of assets in the history of modern economies, the collapse of every investment bank, the zeroing-out of every mutual fund and retirement account, and an economic depression that would make the 1930s look like a minor blip.

      But yeah, good knee-jerk overreaction.

    15. Re: Criminal Charges Needed by Roger+W+Moore · · Score: 1

      I'm not crying for the shareholders either. All I am saying is that if we just go after them and let the executives get off scot-free then this sort of thing is going to keep on happening because, ultimately, it is not the shareholders who are responsible for what happened - they are just the ones left carry the can for the financial costs of it.

  14. The entire system is flawed. by Anonymous Coward · · Score: 0

    1 year of credit monitoring is all they are offering. Obviously we are at a point where use of the secret social security number is at an end. We need to revamp the entire system. You have my cell phone, When someone is trying to open an account in my name, call me. I'll either validate it or not. If you open the account without my say so, I'm not liable for the charges. oh, and a big fuck you on the credit monitoring. They keep putting someone else's items on my credit report because his first name is also chris and his social security number is one digit off from mine. I've been dealing with this stupid shit for years now.

  15. Equifax said it alerted consumers quickly? by Anonymous Coward · · Score: 0

    That's funny, I didn't receive any alert by snail mail, email, phone, text, voice, kazoo, morse code, or 2 soup cans tied together with a string. The only way I heard about it was on the news almost 4 months after the fucking breach, then and only then did I find out I'm one of the fucked. Equifax and the other 2 need to be litigated out of existence and whatever takes it's place does not get anyones SS numbers.

  16. Re:Any good video editing for linux? by Anonymous Coward · · Score: 0

    Also, what's the best lube to use for anal sex? The videos I made are really awesome but my ass is bleeding and sore so I think I should probably have lubed up first.

  17. Re:Any good video editing for linux? by Anonymous Coward · · Score: 0

    I've had limited success with OpenShot. Some swear by kdenlive.

    Basically, you want to look into non-destructive, non-linear video editing. I'm afraid I don't have more options to offer. There's one other one that's really powerful and has a weird name that I can't remember... but I couldn't get it to do anything.

  18. Honestly by DaMattster · · Score: 1

    I hope that this is the beginning of the death knell for the credit bureaus. They serve no purpose whatsoever except to discriminate and punish consumers. It's about time they get a taste of their own bad medicine.

  19. Re:"Quickly as they could"??? BS. by Anonymous Coward · · Score: 0

    Well, they obviously couldn't respond to the breach before they dumped their stocks...

  20. Re:Any good video editing for linux? by Anonymous Coward · · Score: 0

    Did you try rebooting?

    Sometimes the driver installations don't "take", and you have to reinstall them a couple of times to make it work.

  21. class action by Anonymous Coward · · Score: 0

    This talks about a class action suit on behalf of financial institutions, but seriously, every single person in the US over the age of say, 17, could potentially be in a class action lawsuit against Equifax.

    What would we get, like a $3 iTunes gift card or something?

    $5 off on our next credit report?

  22. A possible solution by Monster_user · · Score: 1

    A possible solution: Have individuals who want to be part of the credit system create a secure account with a major credit bureau. Then have businesses advertise which credit bureau they have an aggreement with. A lot like Credit Cards or grocery store discount cards, except the bueaus only track the credit, they don't grant it. Or perhaps like having paypal use other forms of payment, so its just an account to transfer funds through.

  23. Into the sea by Anonymous Coward · · Score: 0

    This company needs to be washed away like a sand castle.

  24. GOOD by Anonymous Coward · · Score: 0

    The absolute stupidity on display here should be nothing other then career ending for each and every one of those arrogant executives. To not understand the consequence of the information they steward is madness. There absolutely has to be exacting penalties for companies that store personal information. Senate inquiries should be launched into how such blazing ignorance was allowed perpetuate to this extent.

  25. Normally I don't participate in class actions by Solandri · · Score: 2

    Too often, a class action lawsuit means the lawyers gets $xx million, I get a $3 coupon.

    But in this case I'd participate just to screw with Equifax.

  26. Re:"Quickly as they could"??? BS. by Anonymous Coward · · Score: 0

    Yeah, "as quickly as it could", but not before it had a chance to buy an identity protection firm to make a few bucks of the disaster.

  27. Re:Any good video editing for linux? by Anonymous Coward · · Score: 0

    Go look at the Ubuntu survey.