Could my small claims case become null and void?

[Taxing Matters]

A refund from Equifax for payments made to LifeLock for its failure to secure as promised (and ordered by FTC) the personal information of those who paid for the security.

Ok, if the OP was a paying subscriber to Lifelock (or any other credit monitoring service owned by Equifax) before the breach he might be able to make a case for a refund of the fees paid based on breach of contract. Of course, it would be important to read the contract to see what was promised. I don’t see anything in this thread that suggests he was subscribed to such a service, but perhaps I missed it. Perhaps the OP will help clarify that point. But in that event, I think the OP might be smarter to wait to file the claim. The reason is that if he does suffer actual damages from the breach later, he may end up precluded from suing for that under the principle of res judicata. He only gets one bite at the apple to sue for the breach.

 

[Hopkins21]

I don’t see anything in this thread that suggests he was subscribed to such a service, but perhaps I missed it. Perhaps the OP will help clarify that point. But in that event, I think the OP might be smarter to wait to file the claim. The reason is that if he does suffer actual damages from the breach later, he may end up precluded from suing for that under the principle of res judicata. He only gets one bite at the apple to sue for the breach.

1
I was not a subscriber to any of these services. Between us, I think they are a waste of money, I get an alert from capital one every time there is the slightest change to my credit for free

2.

This is the best time for a cash award in my opinion. I understood going in I would be limiting my chances to collect from a class action down the road. Also If my identity is stolen down the line how do I prove it was from the breach and how do I put a dollar amount to it?

 

[quincy]

Unless I'm mistaken, all I have to prove at the small claims level is gross neglect and justify damages? A judge has to agree that fair compensation from equifax is 36 years of $300 a month credit monitoring service to protect my information that they let be stolen and I will win, right?

If you have evidence of payments for security monitoring - and the monitoring failed to provide you with the promised security - you have a supportable case.

If you did NOT pay for credit monitoring, I am interested in what exactly you are claiming.

Taxing Matters, I provided a link to Hopkins other thread (he really should have added his latest questions to that thread) and, after a reread of what was posted there, it did not say what I thought it said. I agree with your assessment.

 

[Hopkins21]

Yes. If you have evidence of payments for security monitoring - and the monitoring failed to provide you with the promised security - you have a supportable case.

1. I never was a subscriber to any security monitoring services
2. Equifax is a bureau that I was a unwilling customer to, whom neglectfully exposed by data to hackers because they did not fix a known software glitch in a timely fashion.
3. Crux of my argument for damages is that they owe me cash for 36 years of the best credit monitoring service money can buy.

 

[quincy]

1. I never was a subscriber to any security monitoring services
2. Equifax is a bureau that I was a unwilling customer to, whom neglectfully exposed by data to hackers because they did not fix a known software glitch in a timely fashion.
3. Crux of my argument for damages is that they owe me cash for 36 years of the best credit monitoring service money can buy.

Oh. Well it now appears you currently have nothing to support a legal action. And I can agree with Taxing Matters.

The judge will expect you to quantify the harm.

You must not only show in your legal action that your identifying information was stolen (that is the easy part) but you also have to show how that has affected you monetarily (e.g., debts acquired in your name, errors on your credit report that have led to a denial of a job or credit or something...).

You have no demonstrable harm.

 

[Hopkins21]

Oh. Well it now appears you currently have nothing to support a legal action. And I can agree with Taxing Matters.

The judge will expect you to quantify the harm.

You must not only show in your legal action that your identifying information was stolen (that is the easy part) but you also have to show how that has affected you (e.g., debts acquired in your name, errors on your credit report that have to a denial of a job or credit or something...).

Okay so no quantifiable "damages" yet. This threat could linger for years though. Could a judge not agree that they owe me enough cash so I can pay for preventative mantance due to their neglect? It only takes one judge to agree with me?

 

[quincy]

Okay so no quantifiable "damages" yet. This threat could linger for years though. Could a judge not agree that they owe me enough cash so I can pay for preventative mantance due to their neglect? It only takes one judge to agree with me?

Not really. You cannot expect a court to award damages for no harm. Your personal identifying information may never be used by those who stole it.

You might want to consider dismissing your suit? I recommend at least that you discuss with an attorney in your area the wisdom of continuing with it. The New York attorney can personally review what you have in the way of support for the suit and advise you accordingly.

 

[Hopkins21]

Not really. You cannot expect a court to award damages for no harm. Your personal identifying information may never be used by those who stole it.

You might want to consider dismissing your suit? I recommend at least that you discuss with an attorney in your area the wisdom of continuing with it. The New York attorney can personally review what you have in the way of support for the suit and advise you accordingly.

If that is the case, I am going to go to my local Equifax office and have a slip and fall.

Appreciate the alternative point of view. May I ask if you are an attorney (not trying to validate or invalidate your feedback). Thank you

 

[quincy]

If that is the case, I am going to go to my local Equifax office and have a slip and fall. ...

... Thank you

I strongly advise against a planned slip and fall, as tempting as that might be.

Thanks for the thanks, Hopkins.

 

[Taxing Matters]

This is the best time for a cash award in my opinion.

Again, unless you can point to actual damages suffered from the breach the court will award you nothing.

I understood going in I would be limiting my chances to collect from a class action down the road.

Even in a class action lawsuit, the plaintiffs must be able to show the class members suffered an actual loss as a result of the breach. It may be too early yet to establish that.

Also If my identity is stolen down the line how do I prove it was from the breach and how do I put a dollar amount to it?

It just depends on what evidence you have available to you. You might not be able to prove that it was the result of the breach. But you would need to make that link to recover any money damages.

These cases are not as easy as the general public seems to think. Yes, the data breach was huge. And consumers have a right to be concerned about how their data may be misused. But until they can prove they suffered actual damages, i.e. had a financial loss, from it they cannot succeed in winning a money judgment against the company.

 

[Taxing Matters]

Okay so no quantifiable "damages" yet. This threat could linger for years though. Could a judge not agree that they owe me enough cash so I can pay for preventative mantance due to their neglect? It only takes one judge to agree with me?

Sorry, but once again, you have to have suffered some damages to win a money judgment. The court cannot award you money to pay for preventative measures you would like to take now. It may be that you would never suffer any harm, and in that case the company wouldn’t owe you anything for the breach. As I said before, it’s a smart thing for the company to offer credit monitoring to help reduce future damages, but it is not required by law to do so and thus a court cannot order the company to provide for it or give you a judgment to pay for it.

 

[quincy]

I suspect that a longer period of free credit monitoring for all of those whose personal information was compromised by the Equifax data breach may be part of any settlement agreed to in the class actions.