FAQ | Equifax Data Breach Settlement (2023)

A Court authorized thenotice to inform you how you may be affected by this Settlement. Thenotice describes the lawsuit, the general terms of the Settlement and what it may mean to you. Thenotice also explains how to participate in, or how you could have excluded yourself from, the Settlement if you were impacted by the Data Breach.

For information on how to determine if you are a Settlement Class Member, and therefore eligible for benefits under this Settlement, see FAQ 5.

In September 2017, Equifax announced that it had been the victim of a criminal cyberattack on its systems. The attackers gained unauthorized access to the personal information of approximately 147million U.S. consumers. This information included people’s names, Social Security numbers, birth dates, addresses, and in some instances driver’s license numbers, credit card numbers, or other personal information.

Numerous lawsuits were brought on behalf of consumers whose personal information was impacted as a result of the Data Breach. Chief Judge Thomas W. Thrash Jr. of the U.S. District Court for the Northern District of Georgia is overseeing these lawsuits. These lawsuits are known as In re: Equifax Inc. Customer Data Security Breach Litigation, Case No. 1:17-md-2800-TWT. The consumers who sued are called the “Plaintiffs.” Equifax, Inc., and two of its subsidiaries are the “Defendants.” Plaintiffs claimed that Equifax did not adequately protect consumers’ personal information and that Equifax delayed in providing notice of the data breach. The most recent version of the lawsuit, which describes the specific legal claims alleged by the Plaintiffs, is available here. Equifax denies any wrongdoing, and no court or other judicial entity has made any judgment or other determination of any wrongdoing.

You are a Settlement Class Member if you are among the approximately 147million U.S. consumers identified by Equifax whose personal information was impacted by the Equifax Data Breach.

You can confirm you are a Settlement Class Member, and eligible for benefits, by:

• Going here; or
• Calling the Settlement Administrator toll-free at 1-833-759-2982.

When using the link above, if you have gone by more than one last name (for example, a maiden name and a married name), make sure that you check all of your last names. If you received a message that your information was impacted, please use your last name that received the “impacted” message when submitting your claim form.

Excluded from the Settlement are:

• Officers and directors of Equifax;
• The presiding judge and any judicial staff involved in the lawsuit; and
• Any Class Member who validly opted-out (see FAQ 24).

Equifax will pay at least $380,500,000 into a Consumer Restitution Fund. The Consumer Restitution Fund will be used to:

• Make cash payments for Out-of-Pocket Losses and Time Spent (see FAQ 7);
• Purchase Credit Monitoring Services (see FAQ 8);
• Pay cash Alternative Reimbursement Compensation to Settlement Class Members who already have their own credit monitoring or identity protection coverage before making a claim (see FAQ 10);
• Make cash payments for Subscription Product Reimbursement;
• Purchase Restoration Services for all Settlement Class Members, regardless of whether they make a claim (see FAQ 11);
• Pay the costs of notifying Settlement Class Members and administering the Settlement;
• Pay service awards to the Settlement Class Representatives, as approved by the Court (see FAQ 23);
• Pay attorneys’ fees, costs, and expenses, as approved by the Court (see FAQ 22).

If the Consumer Restitution Fund is used up, Equifax will pay up to an additional $125,000,000 to payOut-of-Pocket Losses (see FAQ 13).

Equifax has also agreed to implement and maintain certain business practices relating to its information security program (see FAQ 14). A detailed description of these business practices commitments is available in the Settlement Agreement, which is availablehere.

Settlement Benefit: Cash Payment for Time Spent:

The deadline to file an Initial Claims Period claim as a result of the Data Breach was 1/22/2020. The deadline to file eligible Extended Claims Period claims for time or money you spend in the future as a result of the Data Breach is 1/22/2024(see FAQ 12).

If you spent time (i) dealing with fraud, identity theft, or other alleged misuse of your personal information that is fairly traceable to the Data Breach, or (ii) taking preventative measures (time placing or removing security freezes on your credit report, or purchasing credit monitoring or identity protection) that are fairly traceable to the Data Breach, then you may make a claim for reimbursement for $25 per hour for up to 20 hours.

You may receive reimbursement for up to 10 hours at $25 per hour by providing a description of (i) the actions taken in response to the Data Breach in dealing with misuse of your information or taking preventative measuresand (ii) the time associated with those actions. You must certify that the description is truthful. Valid claims for Time Spent will be reimbursed in 15-minute increments, with a minimum reimbursement of 1 hour per claim.

To claim reimbursement of more than 10 hours of Time Spent during the Initial Claims Period, you must have also provided reasonable documentation of fraud, identity theft, or other alleged misuse of your personal information fairly traceable to the Data Breach (i.e., letter from IRS or bank or police report).

If there are more than $31 million in claims for Time Spent during the Initial Claims Period (see FAQ 12), all payments for Time Spent will be reduced and distributed on a proportional basis. Certain claims for Time Spent may also be made during the Extended Claims Period, up to a total cap of Time Spent during the Initial and Extended Claims Periodsof $38 million in claims.

Based on the number of potentially valid claims that have been submitted to date, payments for Time Spent likely will be substantially lowered. Depending on the number of additional valid claims that are filed, the amount you receive may be a small percentage of your initial claim.

The deadline to file an Initial Claims Period claim as a result of the Data Breach was 1/22/2020. The deadline to file eligible Extended Claims Period claims for time or money you spend in the future as a result of the Data Breach is 1/22/2024(see FAQ 12).

Settlement Benefit: Payment for Unreimbursed Out-of-Pocket Losses:

The deadline to file an Initial Claims Period claim as a result of the Data Breach was 1/22/2020. The deadline to file eligible Extended Claims Period claims for time or money you spend in the future as a result of the Data Breach is 1/22/2024(see FAQ 12).

If you spent money to deal with fraud or identity theft that was fairly traceable to the Data Breach, then you can submit a claim for reimbursement up to $20,000 (including your claim for Time Spent). Out-of-Pocket Losses that are eligible for reimbursement during the Extended Claims Period may include, without limitation, the following:

• Unreimbursed costs, expenses, losses or charges you paid during the Extended Claims Period because of identity theft or identity fraud, falsified tax returns, or other alleged misuse of your personal information;
• Other miscellaneous expenses related to any Out-Of-Pocket Loss such as notary, fax, postage, copying, mileage, and long-distance telephone charges;
• Professional fees incurred in connection with addressing identity theft, fraud, or falsified tax returns.

This list provides examples only, and other losses or costs fairly traceable to the Data Breach may also be eligible for reimbursement during the Extended Claims Period. If you have questions, please call the Settlement Administrator at 1-833-759-2982.

The Settlement Administrator will decide if your claim for Out-Of-Pocket Losses is valid. Only valid claims will be paid. The deadline to file a claim for Out-of-Pocket Losses incurred during the Initial Claims Period was 1/22/2020.

Certain claims for losses between 1/23/2020 and 1/22/2024 as a result of the Data Breach may be made during the Extended Claims Period (see FAQ 12). The deadline to file those claims is 1/22/2024.

Settlement Benefit: Credit Monitoring Services: The Settlement provides a way to help protect yourself from unauthorized use of your personal information. Settlement Class Members were eligible to submit a claim during the Initial Claims Period to enroll in at least four (4) years of three-bureau credit monitoring services, provided by Experian, at no cost. These services include the following features:

• Three-bureau credit monitoring providing notice of changes to your credit report at all three national credit bureaus;
• Up to $1 million dollars in insurance covering costs related to identity theft or fraud;
• Real-time notification of credit inquiries and other notifications;
• On-demand online access to a free copy of one-bureau credit report, updated on a monthly basis;
• CyberAgent® Dark Web Monitoring that monitors internet activity for the trading or selling of your personal information;
• Customer support provided by Experian; and
• Many other features described here.

If you submitted a valid claim and enrolled in Credit Monitoring Services during the Initial Claims Period, you could elect to enroll in up to six (6) years of one-bureau credit monitoring services provided by Equifax that would begin after the three-bureau Credit Monitoring Services expire. This one-bureau credit monitoring service will include automated online alerts for key changes to your Equifax credit report, on-demand online access to your Equifax credit report updated on a monthly basis, and, if you request, internet monitoring that includes searching suspicious websites for your Social Security number. You must have opted-in for these one-bureau services when you submitted your Initial Claims Period claim for Credit Monitoring Services and you will be sent instructions for how to enroll in the one-bureau monitoring before your three-bureau Credit Monitoring Services expire. The cost of this service will be paid separately by Equifax, not out of the Consumer Restitution Fund.

Information about Credit Monitoring Services for minor children is provided in FAQ 9.

The deadline for all claims for Credit Monitoring Services was 1/22/2020.

Class Members whosubmitted a valid claim form and elected to enroll in Credit Monitoring Services, will receive enrollment instructions by email (or mail if you filed your claim by mail) by late February 2022. During the Initial Claims Period, Class Members could have filed a claim for both reimbursement for Out-of-Pocket Losses and/or Time Spent and Credit Monitoring Services.Initial Claims Period claims for time spent and out-of-pocket losses are under review. You will be contacted if additional information is needed regarding your claim.

Settlement Benefit: Credit Monitoring Services for Minor Children: A parent or legal guardian of a Settlement Class Member who is a minor (under the age of 18) had the option to submit a claim during the Initial Claims Period for Credit Monitoring Services on the child’s behalf under the Settlement. While the Settlement Class Member is under 18, they will receive minor monitoring services as follows: alerts when certain personal data appears on suspicious websites, including underground websites known as the “dark web;” alerts when the Social Security number is associated with new names or addresses or the creation of a consumer report at one or more of the three nationwide Consumer Reporting Agencies; and Identity Restoration Services in the event that a Settlement Class Member under the age of 18 has their identity compromised. Upon turning 18, the Settlement Class Member can enroll in the full Credit Monitoring Services. If a Settlement Class Member under the age of 18 has an Experian credit file with sufficient detail to permit authentication, a parent or guardian may enroll them in the full Credit Monitoring Services prior to their eighteenth birthday.

Additionally, the parent or legal guardian had the option to enroll the minor in one-bureau credit monitoring services provided by Equifax that would begin after the Credit Monitoring Services expire for a period of up to 14 years. While the Settlement Class Member is under 18, they will receive minor monitoring services as follows: alerts when data elements such as a Social Security number submitted for monitoring appear on suspicious websites, including underground websites known as the “dark web;” for minors who do not have an Equifax credit file, a file is created, locked, and then monitored, and for minors with an Equifax credit file, their credit file is locked and then monitored. The Experian Credit Monitoring Services and the optional one-bureau credit monitoring provided by Equifax together will cover 18 years.

The parent or legal guardian must have opted-in for the minor to receive the one-bureau services when submitting an Initial Claims Period claim for the Credit Monitoring Services, and the parent or legal guardian will be sent instructions for how to enroll in the one-bureau monitoring before the Credit Monitoring Services expire. The cost of these services will be paid separately by Equifax, not out of the Consumer Restitution Fund.

Settlement Benefit: Cash Alternative Reimbursement Compensation: If you already have some other kind of credit monitoring or protection services, and did not claim the free Credit Monitoring Services available through the Settlement, Class Members had the option to file a claim during the Initial Claims Period for Alternative Reimbursement Compensation for up to $125. To claim Alternative Reimbursement Compensation you must have certified that you have some form of credit monitoring or protection services on the date you submitted your claim form, named the provider of those services, and certified that you will keep those services for a minimum of six (6) months. The amount that you receive may be substantially less than $125, depending on the number of claims that are filed.

You should keep in mind that:

• The deadline for all claims for Alternative Reimbursement Compensation was 1/22/2020.
• If you claim Alternative Reimbursement Compensation, you could not claim free Credit Monitoring Services.
• If you claim Alternative Reimbursement Compensation, you could not also seek reimbursement for purchasing credit monitoring or protection services covering the 6 month period after you make your claim. However, you can still make other claims for Time Spent or Out-of-Pocket Losses.
• If there are more than $31 million claims for Alternative Reimbursement Compensation, all payments for Alternative Reimbursement Compensation will be lowered and distributed on a proportional basis.
• Based on the number of potentially valid claims that have been submitted to date, payments of Alternative Reimbursement Compensation claims likely will be substantially lowered and will be distributed on a proportional basis if the Settlement becomes effective. Depending on the number of additional valid claims that are filed, the amount you receive may be a small percentage of your initial claim.

Settlement Benefit: Free Identity Restoration Services: All Settlement Class Members will receive access to Assisted Identity Restoration Services if they experience an identity theft event. These services will be provided by Experian for a period of seven (7) years. These services include:

• Access to a U.S. based call center providing services relating to identity restoration.
• Assignment of a certified Identity Theft Restoration Specialist to assist you in addressing an identity theft event.
• Assistance with a step-by-step process to deal with companies, government agencies, and credit bureaus.

All Settlement Class Members may access Identity Restoration Services after January 11, 2022, even if you never make a claim from the Settlement.

All claims for Out-of-Pocket Losses or Time Spent that occurred through 1/22/2020 must have been submitted by 1/22/2020.

As long as there is still money in the Consumer Restitution Fund, there will be an “Extended Claims Period” which will allow Class Members to make certain claims for Out-of-Pocket Losses or Time Spent that happen after the Initial Claims Deadline. All Extended Claims Period claims must be submitted by 1/22/2024and will be paid on a first-come-first-served basis.

During the Extended Claims Period, you can seek reimbursement for Out-of-Pocket Losses or Time Spent (but not losses of money and time associated with freezing or unfreezing credit reports or purchasing credit monitoring or protection services) if you certify that you have not already received reimbursement through other means for the claimed loss.

Note that claims for Time Spent likely will be lowered depending on how many valid claims are submitted by others. (See FAQ 17)

During the Extended Claims Period as described in FAQ 12, Class Members can seek reimbursement for Out-of-Pocket Losses or Time Spent incurred during the Extended Claims Period (excluding losses of money and time associated with freezing or unfreezing credit reports or purchasing credit monitoring or identity theft protection) if you certify that you have not already received reimbursement for the claimed loss through other means.

You cannot make any of the following claims during the Extended Claims Period:

• Claims for free Credit Monitoring Services (see FAQ 8).
• Claims for cash Alternative Reimbursement Compensation for credit monitoring or protection (see FAQ 10).
• Claims for Out-of-Pocket Losses or Time Spent associated with freezing or unfreezing credit reports or purchasing credit monitoring or protection services.

The Consumer Restitution Fund will be used to pay initial claims for Out-of-Pocket Losses and Time Spent, for Credit Monitoring Services and Alternative Reimbursement Compensation, for Identity Restoration Services, for administrative and notice costs, and for class representative service awards and attorneys’ fees and expenses as approved by the Court.

• Valid claims made during the Extended Claims Period will be paid on a first-come-first-served basis.
• If Settlement funds remain, the monetary caps for Time Spent (see FAQ 7) and Alternative Reimbursement Compensation (see FAQ 10) will be lifted (if applicable) and those payments will be increased proportionally up to the full amount of approved claims for Time Spent and Alternative Reimbursement Compensation.
• If Settlement funds still remain, up to three (3) additional years of Identity Restoration Services will be provided to all Settlement Class Members, regardless of whether they made a claim under the Settlement.
• If Settlement funds still remain, additional Credit Monitoring Services (purchased in full month increments) will be provided to Settlement Class Members who claimed Credit Monitoring Services.
• If any Settlement funds still remain, then those remaining funds will be distributed by the court for consumer restitution and redress, but no money will be returned to Equifax.

The deadline to file a claim for Credit Monitoring Services passed on 1/22/2020.

To fill out and submit a claim for Out-of-Pocket Losses or Time Spent (excluding losses of money and time associated with freezing or unfreezing credit reports or purchasing credit monitoring or identity theft protection) during the Extended Claims Period (between January 23, 2020 and January 22, 2024) (see FAQ 13), you will need to access and submit the Extended Claims Period Claim Form online; or contact the Settlement Administrator and request a hard copy of the Extended Claims Period Claim Form that can be filled out and returned by mail.

Credit Monitoring Services claimed by Settlement Class Members during the Initial Claims Period will begin, and payments for valid claims will be made, after January 11, 2022 (the Settlement Effective Date). You may review the Court's Final Approval Order and Final Order and Judgment by clicking here.

If you made a valid claim for Credit Monitoring Services, the Settlement Administrator sent you information on how to activate your credit monitoring by email (or mail if you filed your claim by mail). The Settlement Administrator provided you with an activation code and link to the Experian website where you couldenroll and activate your Credit Monitoring Services.If you did not do so by the deadline provided in the email or letter, the time to activate ExperianCreditMonitoring Services has now passed.

Checks or pre-paid cards for valid claims for Out-of-Pocket Losses, Time Spent, and Alternative Reimbursement Compensation will be mailed by the Settlement Administrator to the mailing address that you provide.

Settlement benefits for eligible out-of-pocket losses and time spent will begin issuing in mid-December 2022.

If you make a claim under the Settlement, or if you do nothing, you will be releasing all of your legal claims relating to the Data Breach against Equifax when the Settlement becomes effective. By releasing your legal claims, you are giving up the right to file, or to continue to pursue, separate legal claims against or seek further compensation from Equifax for any harm related to the Data Breach—whether or not you are currently aware of those claims.

Unless you validly excluded yourself from the Settlement (see FAQ 24), all of the decisions by the Court will bind you. That means you will be bound to the terms of the Settlement and accompanying court orders, and cannot bring a lawsuit or be part of another lawsuit against Equifax regarding the Data Breach.

Paragraphs 6-7of the Settlement Agreement define the claims that will be released by Settlement Class Members who did not exclude themselves from the Settlement. You can access the Settlement Agreement and read the specific details of the legal claims being released here.

If you have any questions, you can contact the Settlement Administrator.

Yes. The Court appointed the following attorneys to represent you and other Settlement Class Members as “Class Counsel.”

Norman E. Siegel
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112

Roy E. Barnes
THE BARNES LAW GROUP, LLC
31 Atlanta Street
Marietta, GA 30060

Amy E. Keller
DiCELLO LEVITT GUTZLER LLC
Ten North Dearborn Street, 11th Floor
Chicago, IL 60602

Kenneth S. Canfield
DOFFERMYRE SHIELDS CANFIELD & KNOWLES, LLC
1355 Peachtree Street, N.E., Suite 1725
Atlanta, GA 30309

You will not be charged by these lawyers for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.

If you have questions about making a claim, please contact the Settlement Administrator.

The Class Representatives in this action are listed in the Settlement Agreement, which is available here. Class Counsel asked the Court to award these individuals “service awards” of $2,500 each for the time that they spent, and the risks that they undertook, in bringing this lawsuit on behalf of the Class. The Court granted Plaintiffs' request for attorneys' fees, reimbursement of expenses, and Class Representative service awards in its Final Approval Order available for review here. However, the Eleventh Circuit Court of Appeals remanded this issue back to the U.S. District Court because recent Eleventh Circuit court rulings “prohibit the type of incentive award that the district court approved here—one that compensates a class representative for his time and rewards him for bringing a lawsuit.”You can see that opinion by clickinghere. Thereafter, the U.S. District Court vacated the approval ofClass Representative service awards and those incentive awards will not be paid.

For more information, you may contact the Settlement Administrator by email at info@EquifaxBreachSettlement.com, by phone toll-free by calling 1-833-759-2982, or by mailing a letter to:

Equifax Data Breach Settlement Administrator
c/o JND Legal Administration
PO Box 91318
Seattle, WA 98111-9418

If you wish to communicate directly with Class Counsel, you may contact them (see FAQ 21). You may also seek advice and guidance from your own private lawyer at your own expense, if you wish to do so.

These answers are only a summary of the lawsuit and the Settlement. Other related documents can be accessed through the Settlement website. If you have questions about the Settlement, or wish to receive a copy of the Settlement Agreement but do not have access to the Internet to download a copy online, you may contact the Settlement Administrator. The Court cannot respond to any questions regarding the Notice, the lawsuit, or the Settlement.

Please do not contact the Court or its Clerk.