Product: Credit reporting or other personal consumer reports

RE : Notice of Intent to File Lawsuit Plaintiff, : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX for its Complaint alleges : 1. Notice to brings this action under Section 13 ( b ) of the Federal Trade Commission Act ( FTC Act ), 15 U.S.C. 53 ( b ), and the Standards for Safeguarding Customer Information ( Safeguards Rule ), 16 C.F.R. Part 314, issued pursuant to Sections 501-504 of the Gramm-Leach-Bliley Act ( GLB Act ), 15 U.S.C. 6801- 6804, to obtain permanent injunctive relief, restitution, and other relief for EQUIFAX XXXX violations of the FTC Act, 15 U.S.C . 45 ( a ), and the Safeguards Rule, 16 C.F.R. Part 314. Definitions ; rules of construction 15 U.S.C 1681 ( a ) ( 2 ( i ), : Responsibilities of furnishers of information to credit reporting agencies 15 U.S.C 1681s- ( 2 ), Compliance procedures 15 U.S.C 1681 ( e ) ( b ), Obligations with respect to disclosures of personal information 15 USC 6802, 15 USC 1681 ( 1 ) ( b ), Aggravated identity theft 18 USC 1028 ( A ), Protection of nonpublic personal information 15 USC 6801 ( a ) ( 1 ) ( 3 ), Chapter 41 Title 15 Consumer Credit Protection Rights , Violation of Truth in Lending Act, and Violation of Fair Credit Reporting Act. 

15 U.S.C. 41-58. Plaintiff, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, to enforce Section 5 ( a ) of the FTC Act, 15 U.S.C . 45 ( a ), which prohibits unfair or deceptive acts or practices in or affecting commerce. XXXX XXXX XXXX, XXXX XXXX XXXX also here to enforce the Safeguards Rule, 16 C.F.R. Part 314, which requires financial institutions to protect the confidentiality, and integrity of customer information. 

EQUIFAX XXXX is a financial institution, as that term is defined by Section 509 ( 3 ) ( A ) of the GLB Act, 15 U.S.C. 6809 ( 3 ) ( A ), and is subject to the GLB Act. The Safeguards Rule, which implements Section 501 ( b ) of the GLB Act, 15 U.S.C. 6801 ( b ), requires financial institutions to protect the security, confidentiality, and integrity of customer information by developing a comprehensive written information security program that contains reasonable administrative, technical, and physical safeguards, including, among other things, identifying reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of customer information, and assessing the sufficiency of any safeguards in place to control those risks; designing and implementing information safeguards to control the risks identified through risk assessment, and regularly testing or otherwise monitoring the effectiveness of the safeguards key controls, systems, and procedures ; and evaluating and adjusting the information security program in light of the results of testing and monitoring, changes to the business operations or business arrangements, and any other relevant circumstances. 16 C.F.R. 314.3 and 314.4. Violations of the Safeguards Rule are enforced through the FTC Act. 15 U.S.C. 6805 ( a ) ( 7 ). For the reasons previously described, EQUIFAX XXXX has not design and implement safeguards to address foreseeable internal and external risks for XXXX XXXX XXXX personal and private information, nor has EQUIFAX XXXX regularly test or monitor the effectiveness of the safeguards or evaluate and adjust the information security program considering the results of testing and monitoring and other relevant circumstances regarding XXXX XXXX XXXX personal and private information. EQUIFAX XXXX has therefore violated the GLB Act Safeguards Rule. 

UNFAIR ACTS OF PRACTICES REGARDING EQUIFAX XXXX XXXX XXXX PRACTICES As described above XXXX has failed to provide XXXX XXXX XXXX with reasonable security for his sensitive personal information collected, processed, maintained, or within EQUIFAX XXXX computer networks. EQUIFAX XXXX actions has caused or are likely to cause substantial injury to XXXX XXXX XXXX that XXXX XXXX XXXX can not reasonably avoid. EQUIFAX XXXX acts or practices set forth in constitute unfair acts or practices in violation of Section 5 of the FTC Act, 15 U.S.C. 45 ( a ) and 45 ( n ). 

VIOLATIONS OF THE GLB ACT SAFEGUARDS RULE In numerous instances, EQUIFAX XXXX failed to protect and safeguard the security, confidentiality, and integrity of XXXX XXXX XXXX XXXX and more than XXXX XXXX XXXX consumers. EQUIFAX XXXX has not monitored the effectiveness of the safeguards and has not evaluated and adjusted EQUIFAX XXXX information security program in light of the results of testing and monitoring, and other relevant circumstances, as required by the Safeguards Rule, 16 C.F.R. Part 314. 46.XXXX EQUIFAX XXXX acts or practices, as described above, EQUIFAX XXXX has violated the Safeguards Rule, 16 C.F.R. Part d. 

XXXX XXXX XXXX have suffered and will continue to suffer substantial injury as a result of EQUIFAX XXXX violations of the FTC Act and the GLB Act Safeguards Rule. In addition, EQUIFAX XXXX has been unjustly enriched because of its unlawful acts or practices. Absent injunctive relief will be requested by the XXXX when commencement of action is initiated with legal proceeding by XXXX XXXX XXXX, XXXX XXXX XXXX EQUIFAX XXXX is likely to continue to injure XXXX XXXX XXXX, reap unjust enrichment, and harm XXXX XXXX XXXX public interest and private interest. 

Notice to bring this action under Section 13 ( b ) of the Federal Trade Commission Act ( FTC Act ), 15 U.S.C. 53 ( b ), and the Standards for Safeguarding Customer Information ( Safeguards Rule ), 16 C.F.R. Part 314, issued pursuant to Sections 501-504 of the Gramm-Leach-Bliley Act ( GLB Act ), 15 U.S.C. 6801- 6804, to obtain permanent injunctive relief, restitution, and other relief for EQUIFAX XXXX violations of the FTC Act, 15 U.S.C . 45 ( a ), and the Safeguards Rule, 16 C.F.R.Part 314. Definitions ; rules of construction 15 U.S.C 1681 ( a ) ( 2 ( i ), : Responsibilities of furnishers of information to credit reporting agencies 15 U.S.C 1681s- ( 2 ), Compliance procedures 15 U.S.C 1681 ( e ) ( b ), Obligations with respect to disclosures of personal information 15 USC 6802, 15 USC 1681 ( 1 ) ( b ), Aggravated identity theft 18 USC 1028 ( A ), Protection of nonpublic personal information 15 USC 6801 ( a ) ( 1 ) ( 3 ), Chapter 41 Title 15 USC , Consumer Credit Protection Rights XXXX Violation of Truth in Lending Act, Fair Crediting Report Act.