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Taking Equifax to Small Claims Court

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Re: Taking Equifax to Small Claims Court

#51

Post by TheCoelacanth »

21 wrote: post #22
dcole2929 wrote: post #13

Am i the only one kind of shocked at how little he actually got? I realize it's small claims court but seriously that's a pittance compared to the cost of a lifetime of credit monitoring. Say you're 30 years old. You have a reasonable expectations of living another 30-40 years minimum. Being compensated for only 120 months (10 years) of credit monitoring is just ridiculous.

Given how many data breaches we have, and given that it only takes once (ie: most won't change their name/address), I'm pretty sure in 10 years we'll have laws in place giving you free protection or limited liability or some combination of things.

Equifax has already given up the goods on more or less every single American adult, so we already need those laws.

Re: Taking Equifax to Small Claims Court

#52

Post by TheCoelacanth »

coupdejarnac wrote: post #39
CameronBanga wrote: post #7

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.

Reading the blurb on their website, it seems as if their business is providing funding for your lawsuit in exchange for a share of the proceeds if you win, not actually directly providing legal services. They need to be good at predicting which lawsuits will be successful, not good at actually winning lawsuits.

> Tell us about your lawsuit, including the court, case number, and who your attorney is. If approved, we cover all your legal costs, including attorney’s fees, deposition costs, and working capital for your business. The only time you repay is if your lawsuit successfully resolves. We’re in this together.

Re: Taking Equifax to Small Claims Court

#53

Post by s73ver_ »

Spivak wrote: post #49
s73ver_ wrote: post #30

Earlier quoted context omitted.

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.

Why? It's not really yours. It's service which collects and aggregates data from lenders and provides it to other lenders to evaluate your risk as a borrower. You the borrower are barely involved. There's nothing authoritative about their assessment of you other than popularity. In another world you wouldn't even be allowed to see your number. It's not like similar agencies -- fraud detection, ad firms, social networ…

It absolutely is mine. It's my data, and my credit.

I do not care at all that they're a "for-profit company." I don't believe they should be able to profit on my data without allowing me to see it, and make corrections as needed.

Re: Taking Equifax to Small Claims Court

#54

Post by g051051 »

joncrane wrote: post #48
tourist2d wrote: post #46

Earlier quoted context omitted.

Yep, It's almost certain that they'll appeal the case. There have been plenty of similar posts asking for advice on r/legaladvice on reddit. The general consensus is unless you're willing to spend the next few years in court, don't try to sue Equifax. https://www.reddit.com/r/legaladvice/comments/7lz38l/tried_t...

That OP might actually be astroturfing, though. I mean, it's definitely costing Equifax more than $435 to "fly a team of corporate lawyers" to some city. The optimal strategy would be to show up for that hearing. Win, or draw, the whole thing is costing Equifax more than it's worth. Which is what makes me suspect that it's made up. Equifax is evil, not dumb .

It's not made up...I couldn't believe he won either, but I looked up the judgement at the court web site. Sure enough, it's there. Based on his story and reading the judgement, I'd say he got incredibly lucky with a poorly prepared judge and defense lawyer. It'll be surprising if this holds up.

Re: Taking Equifax to Small Claims Court

#55

Post by MaxBarraclough »

jgowdy wrote: post #44
kinkrtyavimoodh wrote: post #6

Earlier quoted context omitted.

This sounds more of a fantasy (I don't deny that what they showed in the video happened but I'd be careful about assuming it generalizes) and I'd not recommend others trying similar stunts.

It's not a fantasy. Uncollected judgements can be enforced through direct property seizure if you follow your State's laws. Typically you call law enforcement first and pay them a fee for an escort to seize the property. For businesses, you typically schedule the law enforcement escort for the end of the day so you can seize the cash in the cash register. If I remember correctly, it costs around $75 to have our local…

> pay them a fee for an escort to seize the property

A fee? Isn't it their job to help enforce the law, being law enforcement officers?

Re: Taking Equifax to Small Claims Court

#56

Post by joncrane »

g051051 wrote: post #54
joncrane wrote: post #48

Earlier quoted context omitted.

That OP might actually be astroturfing, though. I mean, it's definitely costing Equifax more than $435 to "fly a team of corporate lawyers" to some city. The optimal strategy would be to show up for that hearing. Win, or draw, the whole thing is costing Equifax more than it's worth. Which is what makes me suspect that it's made up. Equifax is evil, not dumb .

It's not made up...I couldn't believe he won either, but I looked up the judgement at the court web site. Sure enough, it's there. Based on his story and reading the judgement, I'd say he got incredibly lucky with a poorly prepared judge and defense lawyer. It'll be surprising if this holds up.

I mean the OP in the linked reddit comment in the reply directly upstream from my post.

Re: Taking Equifax to Small Claims Court

#57

Post by jgowdy »

MaxBarraclough wrote: post #55
jgowdy wrote: post #44

Earlier quoted context omitted.

It's not a fantasy. Uncollected judgements can be enforced through direct property seizure if you follow your State's laws. Typically you call law enforcement first and pay them a fee for an escort to seize the property. For businesses, you typically schedule the law enforcement escort for the end of the day so you can seize the cash in the cash register. If I remember correctly, it costs around $75 to have our local…

> pay them a fee for an escort to seize the property A fee? Isn't it their job to help enforce the law, being law enforcement officers?

A judgement against someone else is a civil affair, not a criminal issue. Law enforcement officers enforce criminal law as a matter of course. In a lawsuit when one person owes money to another due to a judgement, that debt is private and you have to bear the costs of the state in enforcing your debt using law enforcement officers.

Just like police officers at a concert aren't staffed for free, even though their only purpose is to enforce the laws and/or facilitate traffic. You could argue that enforcing those laws and facilitating that traffic is their job, but those putting on the concert are creating the need for extra law enforcement and want them on hand, so they have to pay.

Re: Taking Equifax to Small Claims Court

#58

Post by MaxBarraclough »

jgowdy wrote: post #57
MaxBarraclough wrote: post #55

Earlier quoted context omitted.

> pay them a fee for an escort to seize the property A fee? Isn't it their job to help enforce the law, being law enforcement officers?

A judgement against someone else is a civil affair, not a criminal issue. Law enforcement officers enforce criminal law as a matter of course. In a lawsuit when one person owes money to another due to a judgement, that debt is private and you have to bear the costs of the state in enforcing your debt using law enforcement officers. Just like police officers at a concert aren't staffed for free, even though their only…

Thanks for the explanation.

I believe that here in the UK, the police will either decide you deserve an escort and provide you with one, or decide you don't need one and refuse to provide one.

I could be mistaken, but I believe bailiffs are essentially expected to take on the risk and confrontation as part of their job, a bit like ticket-inspectors on trains, or the folks that tow away illegally parked cars from privately owned car parks.

The police can and do charge for special policing of public events, though - http://www.npcc.police.uk/documents/finance/2015/NPCC%20Guid... , http://www.isanuk.org/wp-content/uploads/2014/04/ISAN-Guidan...

Re: Taking Equifax to Small Claims Court

#59

Post by no29 »

ZushiZack wrote: post #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 promot…

i made a note to check this a few weeks later.. lo' and behold, equifax lawyers up, appeals, and now this guy gets to play in big boys court.

2018-01-31 CASE_TRANSFERRED TO SUPERIOR COURT, RECORD AND EXHIBITS TRANSFERRED

2018-01-30 NOTICE OF APPEAL FILED BY APPELLANT EQUIFAX CREDIT INFORMATION SERVICES, INC MAILED TO RESPONDENT HAIGH, CHRISTIAN G.

2018-01-30 SUBSTITUION OF ATTORNEY-CIVIL AS TO PLAINTIFF HAIGH, CHRISTIAN G.

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