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Update to Equifax Breach

January 26, 2018

Attorney General DeWine offered the following updates that can be found on Equifax’s website:

  • Arbitration Clauses:  Equifax has stated enrollment in “TrustedID Premier”– their product offered in response to the breach – will not subject an enrollee to mandatory arbitration.  According to Equifax, the arbitration clauses originally included in the Terms of Use on the site www.equifaxsecurity2017.com have now been removed, and the Terms of Use on www.equifax.com do not apply to the TrustedID Premier product being offered to consumers as a result of the breach.
  • Waiver of Rights: Equifax has also stated that the Terms of Use do not create a waiver of class action rights.  Specifically, Equifax states, “ to be as clear as possible, we will not apply any arbitration clause or class action waiver against consumers for claims related to the free products offered in response to the cybersecurity incident or for claims related to the cybersecurity incident itself.”
  • Charge for Security Freeze:  Equifax has agreed to waive fees for placing and removing security freezes through November 21, 2017.  Additionally, consumers who paid for a security freeze starting at 5:00pm on September 7, 2017 will receive a refund.  Note that you are still required to pay for security freezes through TransUnion and Experian should you choose to place a freeze there; to do this, you must contact TransUnion and Experian directly.
To learn more about the breach, including whether you were affected, and to find updated information, visit www.equifaxsecurity2017.com or call 866-447-7559.

In response to the breach, Attorney General DeWine, along with 43 other attorneys general, issued a letter urging Equifax to reconsider some of its current practices in response to the breach.  Among other things, the letter asks Equifax to reconsider and cease marketing fee-based products; to extend the TrustedID Premier enrollment deadline; and to extend the hours to 24-hours-a-day and  to properly staff the call center.