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Taking Equifax to Small Claims Court

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Re: Taking Equifax to Small Claims Court

#31
post #30

Earlier quoted context omitted.

It's cheap to freeze your credit report.

It should be free. There is absolutely zero reason why I should have to pay to see my credit report at any time, or decide that I wish to freeze my credit at any time.

It's free in some states, depending on the circumstances. And yes, it should indeed be free. I wish I could opt out of giving them any of my data entirely, but it's neither practical nor possible.

Re: Taking Equifax to Small Claims Court

#32
post #30

Earlier quoted context omitted.

It's cheap to freeze your credit report.

It should be free. There is absolutely zero reason why I should have to pay to see my credit report at any time, or decide that I wish to freeze my credit at any time.

Well, there is one reason: so companies like Equifax can make even more money.

Re: Taking Equifax to Small Claims Court

#34
just a wild guess.. expect an appeal and a less than friendly attorney to be present at the next hearing.

i'd also worry about removal to federal court and consolidation - now that a judge has actually raised a federal question about the fcra

Re: Taking Equifax to Small Claims Court

#35

Hi. Read this article a few hours ago, and went down a rabbit hole of agony. I am a victim of the equifax breach apparently. I checked my credit report (on creditkarma.com) for equifax, and realized that there were two hard inquiries which pounded my score down about 40 points. One from Verizon (never have I ever done business with them); one from Paypal Credit (same). I ended up contacting both companies and placing…

The fraud alerts aren't good enough - I'd recommend freezing your credit (and just sucking up the $10) on all three credit bureaus. That'd be Equifax, Experian, and Transunion. You can also freeze your credit at Innovis to get all four. The freeze will require them to contact you before doing anything. The alert doesn't do much in practice (from the people I know who've had it) - it's just ignored.

> I'd recommend freezing your credit (and just sucking up the $10) on all three credit bureaus.

This may be the pragmatic approach, but it's also why these companies still exist.

At risk of being too blunt - fuck that shit. I will spend thousands before I give them a dime of my money. I have zero business relationship with them, and I consider such crap absolute extortion. The world is a better place without credit rating agencies. Heck, I remember a point in time where it was questionable whether these companies were even legal to begin with. So far have we fallen.

These are things people should be getting violent about.

Re: Taking Equifax to Small Claims Court

#36
post #15
post #12

Earlier quoted context omitted.

Those corporations are just as subject to these kinds of laws (there are other laws that they are de facto immune from but let's not get into that). The bank of america case elsewhere cited is a famous example. In my case, a few years ago: ADP double-debited our $250K IRS payroll tax deposit from our payroll account (pro tip: never allow third parties to make automatic withdrawals from your main bank account -- use a…

A friend of mine is an attorney. His client had a judgement against a relatively small bank. In his words, the bank was being a "horse's ass" and not paying. He got a judge to sign off on the sheriff assisting in collection. The client was about to be a proud owner of the servers run by the bank. When the sheriff arrived, the bank manager immediately called their attorney to call the client's attorney (my friend) and…

> When the sheriff arrived, the bank manager immediately called their attorney to call the client's attorney (my friend) and tell him they're writing a check.

I've always wondered what happens if you say too bad so sad, you had your chance - I don't believe you that the check is "in the mail". Will the Sheriff still let you collect assets?

If so, I'd absolutely cause them as much pain as possible. Typically in these cases you've already lost tens of thousands of dollars in legal fees and lost time, so the goal isn't recovering your money - it's simply extracting as much pain as possible.

Re: Taking Equifax to Small Claims Court

#37
No, the author didn't win $8000, because the judgement is suspended for 30 days, where Equifax can appeal (which they most certainly will, especially since the judgement was from a Pro Tem). There will likely be a new case in superior court, in front of an actual judge, who will realize the plaintiff could not prove any actual damage.

Also, taking a photo of yourself during a court hearing to post on your blog promoting your company is probably not a good idea considering photography is banned and it can get you charged for contempt, even after the fact.

Update: Author has taken the photo down, although it would be nice for him to provide an update to his readers saying as with all small claims cases, the judgement is suspended for 30 days and as such, he didn't actually win anything yet.

Re: Taking Equifax to Small Claims Court

#38
post #35

Earlier quoted context omitted.

The fraud alerts aren't good enough - I'd recommend freezing your credit (and just sucking up the $10) on all three credit bureaus. That'd be Equifax, Experian, and Transunion. You can also freeze your credit at Innovis to get all four. The freeze will require them to contact you before doing anything. The alert doesn't do much in practice (from the people I know who've had it) - it's just ignored.

> I'd recommend freezing your credit (and just sucking up the $10) on all three credit bureaus. This may be the pragmatic approach, but it's also why these companies still exist. At risk of being too blunt - fuck that shit. I will spend thousands before I give them a dime of my money. I have zero business relationship with them, and I consider such crap absolute extortion. The world is a better place without credit r…

> I will spend thousands before I give them a dime of my money.

I want to avoid giving them money but Equifax handles my W2 for some reason.

Re: Taking Equifax to Small Claims Court

#39

One note, this is a big PR piece for the author's business, Legalist. Disclaimer really doesn't come until right at the end.

Considering he admits this is the first time he set foot in court, I have mixed feelings as to whether this is good PR. Would you want someone filing court papers on your behalf who has never been to court before? I wouldn't. I hope his cofounder is an attorney.

Re: Taking Equifax to Small Claims Court

#40
post #36
post #15

Earlier quoted context omitted.

A friend of mine is an attorney. His client had a judgement against a relatively small bank. In his words, the bank was being a "horse's ass" and not paying. He got a judge to sign off on the sheriff assisting in collection. The client was about to be a proud owner of the servers run by the bank. When the sheriff arrived, the bank manager immediately called their attorney to call the client's attorney (my friend) and…

> When the sheriff arrived, the bank manager immediately called their attorney to call the client's attorney (my friend) and tell him they're writing a check. I've always wondered what happens if you say too bad so sad, you had your chance - I don't believe you that the check is "in the mail". Will the Sheriff still let you collect assets? If so, I'd absolutely cause them as much pain as possible. Typically in these…

I actually asked that exact question. Ultimately the person wanted cash, and the best way to do that isn't to let the servers go to the sheriff's sale. But it sounded like if the person had FU money and didn't even care, they could have gotten the server.
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