The title of this post (which, admittedly, was taken from the NYTimes) isn't really correct. The terms of the settlement have been set. Equifax's financial outlay is fixed. All of the post settlement divvying up of the funds is being administered by the government bodies who negotiated the settlement, not Equifax. Equifax's desires about how the money gets divvied up at this point are irrelevant.
The text from the Equifax Settlement Administrator
> Your Equifax Claim: You Must Act by October 15, 2019 or Your Claim for Alternative Compensation Will Be Denied. The amount you receive in connection with your alternative compensation claim may be significantly reduced depending on how many valid claims are ultimately submitted by other class members for this relief. Based on the number of potentially valid claims that have been submitted to date, payments of these benefits likely will be substantially lowered and will be distributed on a proportional basis if the settlement becomes final. Depending on the number of valid claims that are filed, the amount you receive for alternative compensation may be a small percentage of your initial claim.
That text was just them fear mongering. Even the FTC urged to opt for the credit monitoring instead through more fear inducing statements.
> You can still choose the cash option on the claim form, but you will be disappointed with the amount you receive and you won’t get the free credit monitoring.
> https://www.ftc.gov/enforcement/cases-proceedings/refunds/eq...
But, if this is how the whole process is "administered", then I guess you might as well not have any hopes of seeing the compensation.
EDIT: Corrected to identify the authority of the email correctly.