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Multi-State AGs Demand Equifax Halt Fee-Based Services Post-Breach

EquifaxSeptember 15, 2017New Jersey Attorney General

Consumers Affected

143,000,000

Summary

New Jersey Attorney General Christopher Porrino announced that New Jersey has joined a multi-state investigation into Equifax following a data breach affecting 143 million consumers. The multi-state group sent a letter demanding Equifax disable fee-based credit monitoring services and reimburse consumers for credit freeze fees with other bureaus, citing unfair practices and a months-long delay in breach disclosure.

Remedy

Equifax is demanded to disable enrollment links for fee-based credit monitoring services and to reimburse consumers for fees incurred when obtaining security freezes from other credit bureaus, such as Experian and Transunion.

Contract Impact

In-house legal teams should review customer agreements for credit monitoring and identity theft protection services, focusing on clauses that authorize fee-based offerings, credit freeze procedures, and reimbursement policies. Specifically, examine terms permitting charges for security freezes, the differentiation between free and paid services, and breach notification timelines. Vendor agreements with other credit bureaus or data processors must include provisions for cost-sharing in breach scenarios and compliance with multi-state demands. Data processing agreements should enforce robust data security obligations and clear incident response protocols. Potential changes include amending contracts to waive credit freeze fees, disable promotional links for paid services post-breach, and enhance disclosure requirements to prevent delays, ensuring alignment with consumer protection standards.

Contract Search Terms

credit monitoring service clausefee-based service provisioncredit freeze fee reimbursementdata breach notification timelineunfair or deceptive practice clausesecurity freeze mechanismconsumer protection addendumdata security standardsdisclosure delay provisionreimbursement obligation

Violation Types

Entity Details

Entity

Equifax

Industry

Data Broker

Official Sources

Source Evidence

Entity Name
"Equifax"
Violation Types
"massive data breach with potential to impact 143 million consumers"
Violation Types
"months-long delay between the breach and Equifax’s public disclosure"
Consumers Affected
"143 million consumers"

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