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Warning: You waive your right to sue Equifax if you sign up for protection using this site.

by shanev 9y ago

ceejayoz 9y ago
Maybe. The TOS requires arbitration for disputes over the credit monitoring solution, but I don't read it as affecting suits over the breach itself. That said, IANAL.
- emodendroket 9y ago
  It doesn't seem that way to me. > As used in this arbitration provision, the term "Claim" or "Claims" means any claim, dispute, or controversy between You and Us relating in any way to Your relationship with Equifax, including but not limited to any Claim arising from or relating to this Agreement, the Products or this Site, or any information You receive from Us, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought. This arbitration obligation extends to claims You may assert against Equifax’s parents, subsidiaries, affiliates, successors, assigns, employees, and agents. The term "Claim" shall have the broadest possible construction, except that it does not include any claim, dispute or controversy in which You contend that EIS violated the FCRA. Any claim, dispute, or controversy in which You contend that EIS violated the FCRA is not subject to this provision and shall not be resolved by arbitration.
  - tanderson92 9y ago
    That is not the right Terms and Conditions. See this: https://trustedidpremier.com/static/terms https://trustedidpremier.com/static/terms Note the retroactive nature of the terms. Open question: does this indemnify the parent company? (A CNN story says it may not, but is not definite: money.cnn.com/2017/09/08/technology/equifax-monitoring-services/index.html)
    - emodendroket 9y ago
      Whoops. I stand corrected.
ideonexus 9y ago
This is crucial. I am concerned that #4 of the Terms of Use for this site does state that you give up your right to sue Equifax or join a class action lawsuit: http://www.equifax.com/terms/ http://www.equifax.com/terms/ I clicked on the "Enroll" button before reading this (after giving my last name and six-digit social), and it told me to come back in a week to enroll. Now I'm wondering, did I just give up my rights?
- kevin_thibedeau 9y ago
  If the hackers have any sense of humor they'll sign everyone up on their behalf.
scrumper 9y ago
Where's it say that? I read carefully, not carefully enough perhaps, but I just went back and I see no such mention. My enrollment date isn't until mid Sept anyway so is this something that comes up later?
mikestew 9y ago
No, you don't. Please point out where you think it says that. I mean, let's think this through. You're not the only one that can read a contract and figure out this "scam". You think a NYT reporter can't do the same? And are you assuming Equifax thinks no one will figure it out? Because catching them pulling a stunt like that would probably make the front page. Regardless, I may not be a lawyer, but the agreement doesn't say that.

Warning: You waive your right to sue Equifax if you sign up for protection using this site.

by shanev 9y ago

Warning: You waive your right to sue Equifax if you sign up for protection using this site.

Maybe. The TOS requires arbitration for disputes over the credit monitoring solution, but I don't read it as affecting suits over the breach itself. That said, IANAL.

emodendroket 9y ago
It doesn't seem that way to me. > As used in this arbitration provision, the term "Claim" or "Claims" means any claim, dispute, or controversy between You and Us relating in any way to Your relationship with Equifax, including but not limited to any Claim arising from or relating to this Agreement, the Products or this Site, or any information You receive from Us, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought. This arbitration obligation extends to claims You may assert against Equifax’s parents, subsidiaries, affiliates, successors, assigns, employees, and agents. The term "Claim" shall have the broadest possible construction, except that it does not include any claim, dispute or controversy in which You contend that EIS violated the FCRA. Any claim, dispute, or controversy in which You contend that EIS violated the FCRA is not subject to this provision and shall not be resolved by arbitration.
- tanderson92 9y ago
  That is not the right Terms and Conditions. See this: https://trustedidpremier.com/static/terms https://trustedidpremier.com/static/terms Note the retroactive nature of the terms. Open question: does this indemnify the parent company? (A CNN story says it may not, but is not definite: money.cnn.com/2017/09/08/technology/equifax-monitoring-services/index.html)
  - emodendroket 9y ago
    Whoops. I stand corrected.

ideonexus 9y ago

This is crucial. I am concerned that #4 of the Terms of Use for this site does state that you give up your right to sue Equifax or join a class action lawsuit: http://www.equifax.com/terms/ http://www.equifax.com/terms/ I clicked on the "Enroll" button before reading this (after giving my last name and six-digit social), and it told me to come back in a week to enroll. Now I'm wondering, did I just give up my rights?

kevin_thibedeau 9y ago
If the hackers have any sense of humor they'll sign everyone up on their behalf.

scrumper 9y ago

Where's it say that? I read carefully, not carefully enough perhaps, but I just went back and I see no such mention. My enrollment date isn't until mid Sept anyway so is this something that comes up later?

mikestew 9y ago

No, you don't. Please point out where you think it says that. I mean, let's think this through. You're not the only one that can read a contract and figure out this "scam". You think a NYT reporter can't do the same? And are you assuming Equifax thinks no one will figure it out? Because catching them pulling a stunt like that would probably make the front page. Regardless, I may not be a lawyer, but the agreement doesn't say that.