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The super fucked up part is that it automatically signs you up for their "Credit protection" if you use their site to see if you were impacted. Doesn't ask if y

The super fucked up part is that it automatically signs you up for their "Credit protection" if you use their site to see if you were impacted. Doesn't ask if you'd like to, just says "Thanks for signing up, your year starts now!"

samstave 9y ago
do the TOS require one to only go through mediation as a part of this, so by signing up you waive your right to sue?
- Twirrim 9y ago
  Yup
- 3JPLW 9y ago
  Yes, the TOS does require arbitration (including for actions that occurred before signing the TOS), but it's not clear if it applies to just the child company that is providing the credit monitoring service or if it applies to the actions of the parent company, too. I am not a lawyer. https://trustedidpremier.com/static/terms https://trustedidpremier.com/static/terms
  - tanderson92 9y ago
    One thing I'm trying to wrestle with is why they would make you agree to arbitration for actions prior to signing TOS if indeed it applies only to the child company. Your relationship with the child company begins when you sign the TOS, no?
- craigyk 9y ago
  I'm curious as to wether any lawyers here can chime in on how well this TOS would hold up in court. I know when I went to check I was never shown the TOS or even a checkbox that needed to be checked to confirm that I agreed to the ToS with a link to them. It feels like the ToS are what comes with the ID protection service and were meant to apply only to lawsuits that might arise from using the ID protection service, but IANAL.
- spinlock 9y ago
  That should be ex-post-facto of the data breach (i.e. they leaked your data before you agreed to the TOS so you waive your rights to sue from that point forward). I'm not a lawyer and I wouldn't agree to this. I checked and I am affected. I'm going to sign up for LifeLock (because it's super expensive) and file a small claim to recoup the cost. I really hope this puts Equifax out of business.
thieving_magpie 9y ago
Actually, since I'm affected, I got a different message. It's even worse. They gave me a date in September that I have to remember to come back and sign up for. It's the equivalent of grabbing a ticket in the deli line. Look at this text: "Please be sure to mark your calendar as you will not receive additional reminders. On or after your enrollment date, please return to faq.trustedidpremier.com and click the link to continue through the enrollment process". That's enraging. You tell me I'm affected and now I have to come back at some date/time and sign up? At least it has given me the time to read all the comments about waiving class action participation.
- s73ver_ 9y ago
  How can they justify that? This is 2017. It is stupid easy for them to send out reminders, once a day if need be. At what point do we finally tell abusive companies like this that they're no longer allowed to be a company?
- creeble 9y ago
  I got the same message, but nowhere did I read "you have been affected". Is this just implied? I cancelled my Equifax credit watch account about 5 months ago, when they decided to raise rates. Never have I hoped so much for a business to be sued out of existence. And hopefully their inside traders will get jail time (yeah, right).
  - thieving_magpie 9y ago
    It wasn't implied for me. I put in my SSID (6 digits) and last name. It then told me: " Based on the information provided, we believe that your personal information may have been impacted by this incident." It then had some button, I forgot what the button said. This led to the screen about "save the date" for protection.
    - spear 9y ago
      I got the same message plus "Click the button below to continue your enrollment in TrustedID Premier." The button said "Enroll" so I stopped there.
java_script 9y ago
From my reading of ToS it also apparently waives your right to be a part of a class action lawsuit against Equifax...
- anarbadalov 9y ago
  This is beyond absurd.
- Chaebixi 9y ago
  > From my reading of ToS it also apparently waives your right to be a part of a class action lawsuit against Equifax... IIRC, there wasn't even a clickthrough and they framed it as "find out if you're affected." How could that be enforceable?
- s73ver_ 9y ago
  Apparently now they're saying that only applies to the monitoring service, and not to the breach itself. It was on Consumerist (https://consumerist.com/2017/09/08/equifax-already-being-sued-over-massive-breach-company-criticized-for-amateurish-response-to-theft/ https://consumerist.com/2017/09/08/equifax-already-being-sue...).
- lr4444lr 9y ago
  You'll probably get nothing of note anyway from class action given the scale of this breach. If you are truly impacted in some way, you'll be better off in small claims (or a full suit if it devastates you enough.)
lsmarigo 9y ago
Even worse, you agree to arbitration in case of disputes waiving your rights to sue..not sure if even enforceable. You can check if you're impacted then just not proceed to click "enroll" and be able to check without auto-enrolling and agreeing to their 1yr protection + arbitration agreement.
- win_ini 9y ago
  Nah it's OK, I'll just claim that someone got my SIN number and must have used it to access the site...wasn't me - I swear! There is now plausible deniability for so many things.
quadyeast 9y ago
Second bullet on https://www.equifaxsecurity2017.com/enroll/ https://www.equifaxsecurity2017.com/enroll/ contradicts the "automatically"? ... Regardless of whether your information may have been impacted, we will provide you the option to enroll in TrustedID Premier.
deleted 9y ago
[deleted]

samstave 9y ago

do the TOS require one to only go through mediation as a part of this, so by signing up you waive your right to sue?

Twirrim 9y ago
Yup
3JPLW 9y ago
Yes, the TOS does require arbitration (including for actions that occurred before signing the TOS), but it's not clear if it applies to just the child company that is providing the credit monitoring service or if it applies to the actions of the parent company, too. I am not a lawyer. https://trustedidpremier.com/static/terms https://trustedidpremier.com/static/terms
- tanderson92 9y ago
  One thing I'm trying to wrestle with is why they would make you agree to arbitration for actions prior to signing TOS if indeed it applies only to the child company. Your relationship with the child company begins when you sign the TOS, no?
craigyk 9y ago
I'm curious as to wether any lawyers here can chime in on how well this TOS would hold up in court. I know when I went to check I was never shown the TOS or even a checkbox that needed to be checked to confirm that I agreed to the ToS with a link to them. It feels like the ToS are what comes with the ID protection service and were meant to apply only to lawsuits that might arise from using the ID protection service, but IANAL.
spinlock 9y ago
That should be ex-post-facto of the data breach (i.e. they leaked your data before you agreed to the TOS so you waive your rights to sue from that point forward). I'm not a lawyer and I wouldn't agree to this. I checked and I am affected. I'm going to sign up for LifeLock (because it's super expensive) and file a small claim to recoup the cost. I really hope this puts Equifax out of business.

thieving_magpie 9y ago

Actually, since I'm affected, I got a different message. It's even worse. They gave me a date in September that I have to remember to come back and sign up for. It's the equivalent of grabbing a ticket in the deli line. Look at this text: "Please be sure to mark your calendar as you will not receive additional reminders. On or after your enrollment date, please return to faq.trustedidpremier.com and click the link to continue through the enrollment process". That's enraging. You tell me I'm affected and now I have to come back at some date/time and sign up? At least it has given me the time to read all the comments about waiving class action participation.

s73ver_ 9y ago
How can they justify that? This is 2017. It is stupid easy for them to send out reminders, once a day if need be. At what point do we finally tell abusive companies like this that they're no longer allowed to be a company?
creeble 9y ago
I got the same message, but nowhere did I read "you have been affected". Is this just implied? I cancelled my Equifax credit watch account about 5 months ago, when they decided to raise rates. Never have I hoped so much for a business to be sued out of existence. And hopefully their inside traders will get jail time (yeah, right).
- thieving_magpie 9y ago
  It wasn't implied for me. I put in my SSID (6 digits) and last name. It then told me: " Based on the information provided, we believe that your personal information may have been impacted by this incident." It then had some button, I forgot what the button said. This led to the screen about "save the date" for protection.
  - spear 9y ago
    I got the same message plus "Click the button below to continue your enrollment in TrustedID Premier." The button said "Enroll" so I stopped there.

java_script 9y ago

From my reading of ToS it also apparently waives your right to be a part of a class action lawsuit against Equifax...

anarbadalov 9y ago
This is beyond absurd.
Chaebixi 9y ago
> From my reading of ToS it also apparently waives your right to be a part of a class action lawsuit against Equifax... IIRC, there wasn't even a clickthrough and they framed it as "find out if you're affected." How could that be enforceable?
s73ver_ 9y ago
Apparently now they're saying that only applies to the monitoring service, and not to the breach itself. It was on Consumerist (https://consumerist.com/2017/09/08/equifax-already-being-sued-over-massive-breach-company-criticized-for-amateurish-response-to-theft/ https://consumerist.com/2017/09/08/equifax-already-being-sue...).
lr4444lr 9y ago
You'll probably get nothing of note anyway from class action given the scale of this breach. If you are truly impacted in some way, you'll be better off in small claims (or a full suit if it devastates you enough.)

lsmarigo 9y ago

Even worse, you agree to arbitration in case of disputes waiving your rights to sue..not sure if even enforceable. You can check if you're impacted then just not proceed to click "enroll" and be able to check without auto-enrolling and agreeing to their 1yr protection + arbitration agreement.

win_ini 9y ago
Nah it's OK, I'll just claim that someone got my SIN number and must have used it to access the site...wasn't me - I swear! There is now plausible deniability for so many things.

quadyeast 9y ago

Second bullet on https://www.equifaxsecurity2017.com/enroll/ https://www.equifaxsecurity2017.com/enroll/ contradicts the "automatically"? ... Regardless of whether your information may have been impacted, we will provide you the option to enroll in TrustedID Premier.

deleted 9y ago

[deleted]