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  1. #1
    Join Date
    Jan 2017
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    48

    Equifax small claim claim

    What is the name of your state (only U.S. law)? MD , PA, DE

    Hi. I really hate equifax and I am going to sue them in small claims for the data breach.

    They forces us to becone "customers", sell our data to 3rd parties, and then they let our data be stolen and waits to tell us while their executives dump stock.

    I am thinking I will sue in PA small claims court. I reside in Maryland but still have a PA license.

    My questions:

    1.

    I can sue in either PA, MD, or DE.

    I am leaning towards PA because i believe you only need to put the company name as the plantif and use their offical mailing address within the state as the serving address? Am I correct ?

    2.

    I could not find an actual equifax mailing address in PA after a google search. Any help finding the address to serve them at would be greatly appreciated.

    3.

    I would consider suing in DE because I hear PA has an appeals process which can complicate things. Anyone know the ease of serving a large company in DE? Similar format to PA.

    4.

    Smugly chastise me if you want (their is a lot of this type of thing on this website lol) but there is little harm in trying and having a few minutes infront of a judge and scummy company to hear me out even if I "lose" I feel like I "win".

    Thanks in advance for any feedback


  2. #2
    Join Date
    Aug 2016
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    Incredulous disbelief
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    2,696
    Quote Originally Posted by Hopkins21 View Post
    What is the name of your state (only U.S. law)? MD , PA, DE

    Hi. I really hate equifax and I am going to sue them in small claims for the data breach.

    They forces us to becone "customers", sell our data to 3rd parties, and then they let our data be stolen and waits to tell us while their executives dump stock.

    I am thinking I will sue in PA small claims court. I reside in Maryland but still have a PA license.

    My questions:

    1.

    I can sue in either PA, MD, or DE.

    I am leaning towards PA because i believe you only need to put the company name as the plantif and use their offical mailing address within the state as the serving address? Am I correct ?

    2.

    I could not find an actual equifax mailing address in PA after a google search. Any help finding the address to serve them at would be greatly appreciated.

    3.

    I would consider suing in DE because I hear PA has an appeals process which can complicate things. Anyone know the ease of serving a large company in DE? Similar format to PA.

    4.

    Smugly chastise me if you want (their is a lot of this type of thing on this website lol) but there is little harm in trying and having a few minutes infront of a judge and scummy company to hear me out even if I "lose" I feel like I "win".

    Thanks in advance for any feedback
    You have an ... interesting ... post history.

    (This is more of a PSA for others, than anything else)


  3. #3
    Join Date
    Jan 2017
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    48
    I'm going to come to your house and do a slip and fall


  4. #4
    Join Date
    Jan 2007
    Location
    Michigan
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    29,282
    Quote Originally Posted by Hopkins21 View Post
    I'm going to come to your house and do a slip and fall
    Please be pleasant, Hopkins.

    You can go over your plans to sue Equifax with an attorney in your area. The attorney you see can go over the pros and cons of filing in the states you mention.

    If you plan to pursue a private cause of action against Equifax - or if you think you might want to become a member of a class action suit against this credit reporting agency - you might not want to agree to the free credit check program offered by Equifax - at least not without reading the terms of the agreement carefully. There is a problematic clause that can have consumers signing away their rights - and they might regret doing so.


    Last edited by quincy; 09-12-2017 at 11:56 AM.
  5. #5
    Join Date
    Feb 2007
    Posts
    21,233
    Equifax is retreating from requiring people to waive class action rights to get the credit monitoring. They CLAIM it was an error on their part to put that in this time, but frankly, I don't trust anything they say at this point. Everything they appear to have put up subsequent to the breach has been nothing but smoke and mirrors (people found that the "you might have" and "You have not" been affected determination on their yields random results, and signing up for monitoring issues a deterministic PIN which is yet another security failure). Obviously, despite having known about this for months and long enough to conduct insider trades before the stock tanked, they've not much thought out how they're rolling things out to the public.


  6. #6
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    Location
    Michigan
    Posts
    29,282
    I think the best someone can hope for at this point is that their credit is so lousy that no one wants to, or can, use it for anything.


  7. #7
    Join Date
    Jul 2017
    Posts
    731
    Quote Originally Posted by Hopkins21 View Post
    What is the name of your state (only U.S. law)? MD , PA, DE

    Hi. I really hate equifax and I am going to sue them in small claims for the data breach.
    You may want to rethink that idea. Unless you (1) have evidence that your data was part of the breach; (2) can prove that the information was misused as a result of the breach and (3) have provable damages from it you will lose. And if you sue and lose and then find out later that you did suffer damages from the data breach, you may end up being unable to sue for that because you get just one chance to sue and if you lose the first time you don’t get to come back and do it again. The legal principle involved here is res judicata. So suing now just to get a little revenge might cost you the opportunity to sue for actual harm later when it would really matter. Note, too, that suing now would preclude you from benefiting from any class action lawsuit that may be litigated over this breach.


  8. #8
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    Jan 2007
    Location
    Michigan
    Posts
    29,282
    Right. At this point - although the breach itself can be said to have caused harm to those whose personal identifying information has been illegally accessed - it is too early to do anything but CONSIDER a lawsuit against Equifax.


  9. #9
    Join Date
    Jan 2017
    Posts
    48
    Thank you for the feedback.

    1. If I did want to file in PA how would i find the mailing address for equifax?

    Thanks


  10. #10
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    Sep 2017
    Location
    Columbus, Ohio
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    16
    People start thinking that the best thing that someone can hope for at this point is that their credit card is so very bad that anyone would ever be using it for anything.


  11. #11
    Join Date
    May 2017
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    1,205
    You would find this information via the PA Secretary of State's office.

    https://www.corporations.pa.gov/search/corpsearch

    The same goes for any state or company.


  12. #12
    Join Date
    Jan 2017
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    48
    Quote Originally Posted by PayrollHRGuy View Post
    You would find this information via the PA Secretary of State's office.

    https://www.corporations.pa.gov/search/corpsearch

    The same goes for any state or company.
    Thank you. One more question.

    THe website lists their PA address as " c/o the prentice hall corporation systems inc dauphin"


    From my research i believe this is an address for a "COMMERCIAL REGISTERED OFFICE PROVIDERS"

    http://www.dos.pa.gov/BusinessCharities/Business/Resources/Pages/Commercial-Registered-Office-Providers.aspx

    "
    Under Pennsylvania law (15 P.S. Sec. 109), entities required to provide a registered office address in any document filed in the Department of State may enter into a contract for the services of a Commercial Registered Office Provider(CROP), and may list the name of the CROP in lieu of providing a registered office address. This option is also available for any corporation or association that does not have a physical location or mailing address in the Commonwealth of Pennsylvania. Listing a CROP without having entered into a contract to acquire the services of that CROP could subject a filer to civil and criminal penalties. Fictitious Name registrations may not use a CROP. "

    I found the following complete address for them:

    Prentice-Hall Corporation System, Inc.
    c/o The Prentice-Hall Corporation System, Inc.
    2595 Interstate Drive, Suite 103
    Harrisburg, PA 17110
    800-622-2300

    Would i serve this address, or the home HQ for Equifax in Georgia?

    Thank you


  13. #13
    Join Date
    May 2017
    Posts
    1,205
    You would serve the registered office that is listed on the Sec of State's listing I posted for you. That is exactly what it is for.


  14. #14
    Join Date
    Jan 2017
    Posts
    48
    Honestly I could not tell if it was the "Prentance Hall" address or the Atlanta Georgia address

    Business Entity Details
    Officers
    Name EQUIFAX CREDIT INFORMATION SERVICES, INC.
    Entity Number 745993
    Entity Type Business Corporation
    Status Active
    Citizenship Foreign
    Entity Creation Date 05/28/1982
    Effective Date 05/28/1982
    State Of Inc GA
    Address C/O THE PRENTICE-HALL CORPORATION SYSTEM, INC. Dauphin
    Name E D DEVANEY JR
    Title SECRETARY
    Address 1550 PEACHTREE ST NW ATLANTA GA 30309


  15. #15
    Join Date
    May 2017
    Posts
    1,205
    I have to agree that PA's Sec State list is not clear on the issue. Where is says...

    C/O THE PRENTICE-HALL CORPORATION SYSTEM, INC. Dauphin

    Should be where the address is.


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