Case 1:19-mi-99999-UNA Document 2361-3 Filed 07/22/19 Page 1 of 64 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. 

EQUIFAX INC., 

Defendant. 

Case No. ___________________ 

STIPULATED ORDER FOR 

PERMANENT INJUNCTION 

AND MONETARY JUDGMENT 

Plaintiff, the Federal Trade Commission (“Commission”), filed its 

Complaint for a permanent injunction and other relief in this matter, pursuant to 

Section 13(b) of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 

53(b). The Commission and Defendant Equifax Inc. (“Defendant”) stipulate to 

entry of this Order for Permanent Injunction and Monetary Judgment (“Order”) to 

resolve all matters in dispute in this action between them. 

THEREFORE, IT IS ORDERED as follows: 

FINDINGS 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges that Defendant engaged in acts or practices in 

violation of Section 5 of the FTC Act, 15 U.S.C. § 45, and the Standards for 

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Safeguarding Customer Information Rule (“Safeguards Rule”), 16 C.F.R. 

Part 314, issued pursuant to Sections 501(b) and 505(b)(2) of the GrammLeach-Bliley Act (“GLB Act”), and 15 U.S.C. §§ 6801(b) and 6805(6b)(2), 

by failing to reasonably secure sensitive consumer personal information in 

Defendant’s networks and computer systems. 

3. Defendant neither admits nor denies any of the allegations in the Complaint, 

except as specifically stated in this Order. Only for purposes of this action, 

Defendant admits the facts necessary to establish jurisdiction. 

4. Defendant waives any claim that it may have under the Equal Access to 

Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action 

through the date of this Order, and agrees to bear its own costs and 

attorneys’ fees. 

5. Defendant and the Commission waive all rights to appeal or otherwise 

challenge or contest the validity of this Order. 

DEFINITIONS 

For the purpose of this Order, the following definitions apply: 

1. “Affected Consumer” means the approximately One Hundred Forty Seven 

Million (147,000,000) U.S. consumers whom Defendant has identified 

whose Personal Information was accessed without authorization as a result 

of the Breach. 

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2. “Alternative Reimbursement Compensation” means compensation for 

any Affected Consumer who does not make a claim to enroll in the Product, 

and instead, has or has concurrent with their claim obtained a credit 

monitoring or protection product. 

3. “Assisted Identity Restoration Services” means the identity restoration 

services, as set forth in Section IX and described in Exhibit A, offered to all 

Affected Consumers who have or may have experienced identity theft or 

fraud. 

4. “Breach” means the information security incident publicly disclosed by 

Defendant on or about September 7, 2017. 

5. “Claims Administration Protocol” means the protocol that has been 

approved by a representative of the Commission and which will be 

submitted to and approved by the MDL Court, to implement the claims 

administration and Settlement process in the Multi-District Litigation. 

6. “Claims Forms” are the forms that have been approved by a representative 

of the Commission and which will be submitted to and approved by the 

MDL Court, that Affected Consumers submit to the Settlement 

Administrator in paper or via the Settlement Website to make claims for 

Out-of-Pocket Losses, Alternative Reimbursement Compensation, the 

Product, and Single-Bureau Monitoring. 

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7. “Class Action Effective Date” means the first business day after the MDL 

Court enters final approval of the Settlement, and either: 

a. the time for appeal, petition, rehearing or other review has expired, or 

b. if one or more appeals, petitions, requests for rehearing or other 

reviews are filed regarding any issue with the Settlement, when 

i. the final approval order and judgment is affirmed without 

material change and the time for further appeals, petitions, 

requests for rehearing or other reviews has expired, or 

ii. all appeals, petitions, rehearings, or other reviews are dismissed 

or otherwise disposed of and the time for further appeals, 

petitions, requests for rehearing or other review has expired. 

8. “Clear(ly) and Conspicuous(ly)” means that a required disclosure is 

difficult to miss (i.e., easily noticeable) and easily understandable by 

ordinary consumers, including in all of the following ways: 

a. In any communication that is solely visual or solely audible, the 

disclosure must be made through the same means through which the 

communication is presented. In any communication made through 

both visual and audible means, such as a television advertisement, the 

disclosure must be presented simultaneously in both the visual and 

audible portions of the communication even if the representation 

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requiring the disclosure (“Triggering Representation”) is made in only 

one means. 

b. A visual disclosure, by its size, contrast, location, the length of time it 

appears, and other characteristics, must stand out from any 

accompanying text or other visual elements so that it is easily noticed, 

read, and understood. 

c. An audible disclosure, including by telephone or streaming video, 

must be delivered in a volume, speed, and cadence sufficient for 

ordinary consumers to easily hear and understand it. 

d. In any communication using an interactive electronic medium, such as 

the Internet or software, the disclosure must be unavoidable. 

e. The disclosure must use diction and syntax understandable to ordinary 

consumers and must appear in a language in which the Triggering 

Representation appears. 

f. The disclosure must comply with these requirements in each medium 

through which it is received, including all electronic devices and faceto-face communications. 

g. The disclosure must not be contradicted or mitigated by, or 

inconsistent with, anything else in the communication. 

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h. When the representation or sales practice targets a specific audience, 

such as children, the elderly, or the terminally ill, “ordinary 

consumers” includes reasonable members of that group. 

9. “Consumer Fund” means the account established to provide restitution and 

redress to Affected Consumers as described in Sections VIII, IX and X, and 

which will be overseen by the MDL Court and which represents an 

undifferentiated portion of the consumer restitution fund as defined in the 

Settlement. 

10.“Consumer Report” has the meaning provided in the Fair Credit Reporting 

Act (“FCRA”), 15 U.S.C. § 1681 et seq., and any amendments thereto. As 

of the date of entry of this Order, “Consumer Report” is defined under the 

FCRA as any written, oral, or other communication of any information by a 

Consumer Reporting Agency bearing on a consumer’s credit worthiness, 

credit standing, credit capacity, character, general reputation, personal 

characteristics, or mode of living which is used or expected to be used or 

collected in whole or in part for the purpose of serving as a factor in 

establishing the consumer’s eligibility for: 

a. credit or insurance to be used primarily for personal, family, or 

household purposes; 

b. employment purposes; or 

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c. any other purpose authorized under FCRA Section 604, 15 U.S.C. § 

1681b. 

11.“Consumer Reporting Agency” has the meaning provided in the FCRA, 15 

U.S.C. § 1681 et seq., and any amendments thereto. As of the date of entry 

of this Order, “Consumer Reporting Agency” is defined under the FCRA as 

any person which, for monetary fees, dues, or on a cooperative nonprofit 

basis, regularly engages in whole or in part in the practice of assembling or 

evaluating consumer credit information or other information on consumers 

for the purpose of furnishing Consumer Reports to third parties, and which 

uses any means or facility of interstate commerce for the purpose of 

preparing or furnishing Consumer Reports. 

12.“Covered Incident” means any instance in which any U.S. federal, state, or 

local law or regulation requires Defendant to notify any U.S. federal, state, 

or local government entity that Personal Information collected or received, 

directly or indirectly, by Defendant from or about an individual consumer 

was, or is reasonably believed to have been, accessed or acquired without 

authorization, and the incident affects at least 250 U.S. consumers. 

13.“Defendant” means (1) Equifax Inc., and its successors and assigns, and (2) 

Equifax Inc.’s subsidiaries, and their successors and assigns, incorporated in 

the United States, that do business in the United States, or that collect, store, 

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or process Personal Information from or about consumers in the United 

States to the extent that their conduct falls within the Commission’s 

jurisdiction. 

14.“Extended Claims Period” means the period of time ending four years after 

the conclusion of the Initial Claims Period. 

15.“Full Service Identity Restoration Services” means the identity restoration 

services offered to all Affected Consumers enrolled in the Product, as 

described in Exhibit A. 

16.“Initial Claims Period” means the period of time ending six months after 

entry of the order permitting issuance of notice in the Multi-District 

Litigation. 

17.“MDL Court” means the Court presiding over the Multi-District Litigation. 

18.“Multi-District Litigation” means those actions filed against Equifax Inc. 

and/or one or more of its subsidiaries asserting claims related to the Breach 

by or on behalf of one or more consumers that have been or will be 

transferred to the federal proceedings styled In re Equifax Inc. Customer 

Data Breach Litigation, 1:17-md-02800-TWT (N.D. Ga.). 

19.“Notice and Settlement Administration Costs and Expenses” means the 

costs and expenses of the Notice Provider, Notice Plan, Claims 

Administration Protocol, and Settlement Administrator. 

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20. “Notice Date” means sixty days after the MDL Court issues an order 

permitting issuance of notice of the Settlement. 

21.“Notice Plan” means the plan that has been approved by a representative of 

the Commission and which will be submitted to, approved by, and overseen 

by the MDL Court, for providing notice to Affected Consumers in the MultiDistrict Litigation. 

22.“Notice Provider” means Signal Interactive Media or another independent 

third-party agent or administrator that has been approved by a representative 

of the Commission, and which will be submitted to, approved by, and 

overseen by the MDL Court to implement the Notice Plan. 

23.“Out-of-Pocket Losses” means verifiable unreimbursed costs or 

expenditures that an Affected Consumer incurred and that are fairly 

traceable to the Breach, which are eligible for reimbursement from the 

Consumer Fund as set forth in Sections IX.B.1.c and IX.B.2. 

24.“Personal Consumer Report” means the Consumer Report made available 

to consumers by any entity within Defendant that compiles and maintains 

files on consumers on a nationwide basis as defined under 15 U.S.C. § 

1681a(p). 

25.“Personal Information” means individually identifiable information from 

or about an individual consumer, including: 

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a. first and last name; 

b. home or other physical address; 

c. email address; 

d. telephone number; 

e. date of birth; 

f. Social Security number; 

g. other government-issued identification numbers, such as a driver’s 

license number, military identification number, passport number, or 

other personal identification number; 

h. financial institution account number; 

i. credit or debit card information; or 

j. authentication credentials, such as a username and password. 

26.“Preventative Measures” means placement or removal of security freezes 

or obtaining credit monitoring services. 

27.“Product” means the three-bureau credit and identity monitoring product, 

including any changes, as described in Exhibit A and approved by a 

representative of the Commission and then approved by the MDL Court. 

28.“Service Awards” means compensation awarded to the consumers named as 

plaintiffs in the Multi-District Litigation. 

29.“Settlement” means the settlement resolving the Multi-District Litigation. 

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30.“Settlement Administrator” means JND Legal Administration, or another 

independent third-party agent or administrator that has been approved by a 

representative of the Commission, and which will be submitted to, approved 

by, and overseen by the MDL Court to implement the processes described in 

the Claims Administration Protocol, and claims and Settlement process in 

the Multi-District Litigation. 

31.“Settlement Website” means the website established by the Settlement 

Administrator, and described in the Claims Administration Protocol, that has 

been approved by a representative of the Commission to provide information 

about the Settlement, including deadlines and case documents, and permit 

Affected Consumers to electronically submit Claims Forms. 

32.“States’ Attorneys General” means the 50 state and territory attorneys 

general that are each entering into a stipulated judgment on or about July 22, 

2019 with Equifax Inc. for claims related to the Breach. 

33.“Time Compensation” means compensation to an Affected Consumer for 

time spent by that Affected Consumer (1) taking Preventative Measures 

and/or (2) remedying fraud, identity theft, or other misuse of an Affected 

Consumer’s Personal Information that is fairly traceable to the Breach. 

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ORDER 

I. PROHIBITION AGAINST MISREPRESENTATIONS 

IT IS ORDERED that Defendant, Defendant’s officers, agents, employees, 

and all other persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in 

connection with any good or service, are hereby permanently restrained and 

enjoined from misrepresenting, expressly or by implication, the extent to which 

Defendant maintains and protects the privacy, security, confidentiality, or integrity 

of any Personal Information. 

II. MANDATED INFORMATION SECURITY PROGRAM 

IT IS FURTHER ORDERED that Defendant shall establish and implement, 

and thereafter maintain, for twenty years after entry of this Order, a comprehensive 

information security program (“Information Security Program”) designed to 

protect the security, confidentiality, and integrity of Personal Information. To 

satisfy this requirement, Defendant must, at a minimum: 

A. Document in writing the content, implementation, and maintenance of the 

Information Security Program, including the following: 

1. Documented risk assessments required under Section II.D; 

2. Documented safeguards required under Section II.E; and 

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3. A description of the procedures adopted to implement and monitor the 

Information Security Program, including procedures for evaluating 

and adjusting the Information Security Program as required under 

Section II.I; 

B. Provide the written Information Security Program and any material 

evaluations thereof or updates thereto to Defendant’s board of directors or a 

relevant subcommittee thereof, or equivalent governing body or, if no such 

board or equivalent governing body exists, to a senior officer of Defendant 

responsible for Defendant’s Information Security Program at least once 

every twelve months; 

C. Designate a qualified employee or employees to coordinate, oversee, and be 

responsible for the Information Security Program; 

D. Assess, at least once every twelve months, internal and external risks to the 

security, confidentiality, or integrity of Personal Information that could 

result in the unauthorized disclosure, misuse, loss, alteration, destruction, or 

other compromise of such information and document those risks that are 

material. Defendant shall further assess and document internal and external 

risks as described above as they relate to a Covered Incident promptly (not 

to exceed forty-five days) following verification of such a Covered Incident; 

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E. Design, implement, maintain, and document safeguards that control for the 

material internal and external risks Defendant identifies to the security, 

confidentiality, or integrity of Personal Information identified in response to 

Section II.D. Each safeguard shall be based on the volume and sensitivity of 

the Personal Information that is at risk, and the likelihood, given the 

existence of other safeguards, that the risk could be realized and result in the 

unauthorized access, collection, use, alteration, destruction, or disclosure of 

the Personal Information. Such safeguards shall also include: 

1. Establishing patch management policies and procedures that require 

confirmation that any directives to apply patches or remediate 

vulnerabilities are received and completed and that include timelines 

for addressing vulnerabilities that account for the severity and 

exploitability of the risk implicated; 

2. Establishing and enforcing policies and procedures to ensure the 

timely remediation of critical and/or high-risk security vulnerabilities; 

3. Identifying and documenting a comprehensive information technology 

(“IT”) asset inventory that includes hardware, software, and location 

of the assets; 

4. Designing and implementing protections such as network intrusion 

protection, host intrusion protection, and file integrity monitoring, 

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across Defendant’s network and IT assets, including Defendant’s 

legacy technologies; 

5. Designing, implementing, and maintaining measures to limit 

unauthorized access in any network or system that stores, collects, 

maintains, or processes Personal Information, such as segmentation of 

networks and databases and properly configured firewalls; 

6. Implementing access controls across Defendant’s network, such as 

multi-factor authentication and strong password requirements; 

7. Limiting user access privileges to systems that provide access to 

Personal Information to employees, contractors, or other authorized 

third parties with a business need to access such information and 

establishing regular documented review of such access privileges; 

8. Implementing protections, such as encryption, tokenization, or other 

at least equivalent protections, for Personal Information collected, 

maintained, processed, or stored by Defendant, including in transit 

and at rest. To the extent that any of the identified protections are 

infeasible, equivalent protections shall include effective alternative 

compensating controls designed to protect unencrypted data at rest or 

in transit, which shall be reviewed and approved by the qualified 

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employee or employees designated to coordinate, oversee, and be 

responsible for the Information Security Program; 

9. Establishing and enforcing written policies, procedures, guidelines, 

and standards designed to: 

a. Ensure the use of secure development practices for applications 

developed in-house; and 

b. Evaluate, assess, or test the security of externally developed 

applications used within Defendant’s technology environment; 

10.Establishing regular information security training programs, updated, 

as applicable, to address internal or external risks identified by 

Defendant, including, at a minimum: 

a. At least annual information security awareness training for all 

employees, including notifying employees of the process for 

submitting complaints and concerns pursuant to Section II.E.12; 

and 

b. Training for software developers relating to secure software 

development principles and intended to address well-known 

and reasonably foreseeable vulnerabilities, such as cross-site 

scripting, structured query language injection, and other risks 

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identified by Defendant through risk assessments and/or 

penetration testing; 

11.Establishing a clear and easily accessible process for receiving and 

addressing security vulnerability reports from third parties such as 

security researchers and academics; and 

12.By August 30, 2019, establishing a clear and easily accessible process 

overseen by a senior corporate manager for employees to submit 

complaints or concerns about Defendant’s information security 

practices, including establishing a clear process for reviewing, 

addressing, and escalating employee complaints or concerns. 

F. Assess, at least once every twelve months, the sufficiency of any safeguards 

in place to address the risks to the security, confidentiality, or integrity of 

Personal Information, and evaluate and implement any needed modifications 

to the Information Security Program based on the results. Defendant shall 

further assess the sufficiency of safeguards as described above, as they relate 

to a Covered Incident, promptly (not to exceed forty-five days) following 

verification of such an incident. Each such assessment must evaluate 

safeguards in each area of relevant operation, including: 

1. Employee training and management; 

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2. Information systems, such as network and software design, or 

information processing, storage, transmission, and disposal; and 

3. Prevention, detection, and response to attacks, intrusions, or other 

system failures; 

G. Test and monitor the effectiveness of the safeguards at least once every 

twelve months and, as they relate to a Covered Incident, promptly (not to 

exceed sixty days) following verification of such an incident, and modify the 

Information Security Program based on the results. Such testing shall 

include vulnerability testing of Defendant’s network at least once every four 

months and, as it relates to a Covered Incident, promptly (not to exceed sixty 

days) following verification of such an incident, and penetration testing of 

Defendant’s network at least once every twelve months and, as it relates to a 

Covered Incident, promptly (not to exceed sixty days) following verification 

of such an incident; 

H. Select and retain service providers capable of safeguarding Personal 

Information they access through or receive from Defendant, and 

contractually require service providers to implement and maintain 

safeguards tailored to the amount and the type of Personal Information at 

issue; and 

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I. Evaluate and adjust the Information Security Program in light of any 

changes to Defendant’s operations or business arrangements, including, 

without limitation, acquisition or licensing of any new information systems, 

technologies, or assets through merger or acquisition, a Covered Incident, or 

any other circumstances that Defendant knows or has reason to know may 

have a material impact on the effectiveness of the Information Security 

Program. At a minimum, Defendant must evaluate the Information Security 

Program at least once every twelve months and, as it relates to a Covered 

Incident, promptly (not to exceed sixty days) following verification of such 

an incident and modify the Information Security Program based on the 

results. 

III. INFORMATION SECURITY ASSESSMENTS BY A THIRD PARTY 

IT IS FURTHER ORDERED that, in connection with compliance with 

Section II of this Order, titled Mandated Information Security Program, Defendant 

must obtain initial and biennial assessments (“Assessments”): 

A. The Assessments must be obtained from a qualified, objective, independent 

third-party professional (“Assessor”), who: (1) uses procedures and 

standards generally accepted in the profession; (2) is a Certified Information 

Systems Security Professional (“CISSP”) or a Certified Information Systems 

Auditor (“CISA”), or other similarly qualified person or organization; 

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(3) has at least five years of experience evaluating the effectiveness of 

computer system security or information system security; (4) conducts an 

independent review of the Information Security Program; and (5) is 

contractually required to retain all documents relevant to each Assessment 

for five years after completion of such Assessment, and to provide such 

documents to the Commission within fourteen days of receipt of a written 

request from a representative of the Commission. No documents may be 

withheld by the Assessor on the basis of (1) a claim of confidentiality, 

proprietary or trade secrets, or any similar claim, or (2) any privilege 

asserted between Defendant and the Assessor, although such documents can 

be designated for confidential treatment in accordance with applicable law. 

B. For each Assessment, Defendant shall provide the Associate Director for 

Enforcement for the Bureau of Consumer Protection at the Federal Trade 

Commission with the name and affiliation of the person selected to conduct 

the Assessment, which the Associate Director shall have the authority to 

approve in his or her sole discretion. If the Associate Director for 

Enforcement does not approve of the person Defendant has selected, 

Defendant must choose a person or entity to conduct the Assessment from a 

list of at least three Assessors provided by a representative of the 

Commission. 

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C. The reporting period for the Assessments must cover: (1) the first 180 days 

after the entry date of the Order for the initial Assessment; and (2) each twoyear period thereafter for twenty years after entry of the Order for the 

biennial Assessments. 

D. Each Assessment must: 

1. Evaluate whether Defendant has implemented and maintained the 

Information Security Program required by Section II of this Order, 

titled Mandated Information Security Program; 

2. Assess the effectiveness of Defendant’s implementation and 

maintenance of subsections A-I of Section II; 

3. Identify gaps or weaknesses in the Information Security Program and 

make recommendations to remediate or cure any such gaps and 

weaknesses; and 

4. Identify specific evidence (including, but not limited to, documents 

reviewed, sampling and testing performed, and interviews conducted) 

examined to make such determinations, assessments, and 

identifications, and explain why the evidence that the Assessor 

examined is sufficient to justify the Assessor’s findings. No finding 

of any Assessment shall rely solely on assertions or attestations by 

Defendant’s management. The Assessment shall be signed by the 

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Assessor and shall state that the Assessor conducted an independent 

review of the Information Security Program, and did not rely solely on 

assertions or attestations by Defendant’s management. 

E. Each Assessment must be completed within sixty days after the end of the 

reporting period to which the Assessment applies. Unless otherwise directed 

by a Commission representative in writing, Defendant must submit each 

Assessment to the Commission within ten days after the Assessment has 

been completed via email to DEbrief@ftc.gov or by overnight courier (not 

the U.S. Postal Service) to Associate Director for Enforcement, Bureau of 

Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue 

NW, Washington, DC 20580. The subject line must begin, “Federal Trade 

Commission v. Equifax Inc., FTC File No. 1723203.” Defendant must 

notify the Commission of any portions of the Assessment containing trade 

secrets, commercial or financial information, or information about a 

consumer or other third party, for which confidential treatment is requested 

pursuant to the Commission’s procedures concerning public disclosure set 

forth in 15 U.S.C. 46(f) and 16 CFR 4.10. 

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IV. COOPERATION WITH THIRD PARTY INFORMATION 

SECURITY ASSESSOR 

IT IS FURTHER ORDERED that Defendant, Defendant’s officers, agents, 

employees, and attorneys, and all other persons in active concert or participation 

with any of them, who receive actual notice of this Order, whether acting directly 

or indirectly, in connection with any Assessment required by Section III of this 

Order titled Information Security Assessments by a Third Party, must not withhold 

any material facts from the Assessor, and must not misrepresent, expressly or by 

implication, any fact material to the Assessor’s: (1) evaluation of whether 

Defendant has implemented and maintained the Information Security Program 

required by Section II of this Order, titled Mandated Information Security 

Program; (2) assessment of the effectiveness of the implementation and 

maintenance of subsections A-I of Section II; or (3) identification of any gaps or 

weaknesses in the Information Security Program. Defendant shall provide the 

Assessor with information about Defendant’s entire network and all of Defendant’s 

IT assets so that the Assessor can determine the scope of the Assessment, and 

visibility to those portions of the network and IT assets deemed in scope. 

Defendant shall also provide or otherwise make available to the Assessor all 

information and material in its possession, custody, or control that is relevant to the 

Assessment. 

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V. ANNUAL CERTIFICATION 

IT IS FURTHER ORDERED that, in connection with compliance with 

Section II of this Order titled Mandated Information Security Program, Defendant 

shall: 

A. For a total of twenty years and commencing one year after the entry date of 

this Order, and each year thereafter, provide the Commission with a 

certification from the board of directors, or a relevant subcommittee thereof, 

or other equivalent governing body or, if no such board or equivalent 

governing body exists, a senior officer of Defendant responsible for 

Defendant’s Information Security Program, that: (1) Defendant has 

established, implemented, and maintained the requirements of this Order; (2) 

Defendant is not aware of any material noncompliance that has not been (a) 

corrected or (b) disclosed to the Commission; (3) Defendant has cooperated 

with the Assessor as required by Section IV of this Order; and (4) includes a 

brief description of any Covered Incident. The certification must be based 

on the personal knowledge of the senior corporate manager, senior officer, 

or subject matter experts upon whom the board of directors, or relevant 

subcommittee thereof, or other equivalent governing body, reasonably relies 

in making the certification. 

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B. Unless otherwise directed by a Commission representative in writing, submit 

all annual certifications to the Commission pursuant to this Order via email 

to DEbrief@ftc.gov or by overnight courier (not the U.S. Postal Service) to 

Associate Director for Enforcement, Bureau of Consumer Protection, 

Federal Trade Commission, 600 Pennsylvania Avenue N.W., Washington, 

D.C. 20580. The subject line must begin, “Federal Trade Commission v. 

Equifax Inc., FTC File No. 1723203.” 

VI. COVERED INCIDENT REPORTS 

IT IS FURTHER ORDERED that for twenty years from the entry of the 

Order, Defendant, within a reasonable time after the date of Defendant’s discovery 

of a Covered Incident, but in any event no later than ten days after the date 

Defendant first notifies any U.S. federal, state, or local government entity of the 

Covered Incident, must submit a report to the Commission. 

A. The report must include, to the extent possible: 

1. The date, estimated date, or estimated date range when the Covered 

Incident occurred; 

2. A description of the facts relating to the Covered Incident, including 

the causes and scope of the Covered Incident, if known; 

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3. A description of each type of information that triggered the 

notification obligation to the U.S. federal, state, or local government 

entity; 

4. The number of consumers whose information triggered the 

notification obligation to the U.S. federal, state, or local government 

entity; 

5. The acts that Defendant has taken to date to remediate the Covered 

Incident and protect Personal Information from further exposure or 

access, and, if applicable, to protect affected individuals from identity 

theft or other harm that may result from the Covered Incident; and 

6. A representative copy of each materially different notice required by 

U.S. federal, state, or local law or regulation and sent by Defendant to 

consumers or to any U.S. federal, state, or local government entity. 

B. No more than thirty days after every calendar quarter, Defendant must 

provide Defendant’s board of directors or a relevant subcommittee thereof, 

or equivalent governing body or, if no such board or equivalent governing 

body exists, to a senior officer of Defendant responsible for Defendant’s 

Information Security Program, a report summarizing all Covered Incidents 

that occurred in that calendar quarter. 

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C. Unless otherwise directed by a Commission representative in writing, all 

Covered Incident reports to the Commission pursuant to this Order must be 

emailed to DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal 

Service) to Associate Director for Enforcement, Bureau of Consumer 

Protection, Federal Trade Commission, 600 Pennsylvania Avenue N.W., 

Washington, D.C. 20580. The subject line must begin, “Federal Trade 

Commission v. Equifax Inc., File No. 172 3203.” Defendant must notify the 

Commission of any portions of the Covered Incident Report containing trade 

secrets, commercial or financial information, or information about a 

consumer or other third party, for which confidential treatment is requested 

pursuant to the Commission’s procedures concerning public disclosure set 

forth in 15 U.S.C. § 46(f) and 16 CFR Part 4.10. 

VII. MONETARY JUDGMENT AND ADDITIONAL MONETARY 

OBLIGATIONS 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of Four Hundred Twenty-Five Million Dollars 

($425,000,000) is entered in favor of the Commission against Defendant. 

B. This order imposes additional financial obligations (“Additional Financial 

Obligations”) on Defendant for the purpose of monetary relief for Affected 

Consumers. If more than seven million Affected Consumers enroll in the 

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Product, then Defendant’s Additional Financial Obligations will be 

calculated using the following formulas: 

1. If, at the end of the Initial Claims Period, more than seven million 

Affected Consumers enroll in the Product, then: 

a. If the total payments for Alternative Reimbursement 

Compensation, Out-of-Pocket Losses, Assisted Identity 

Restoration Services, Notice and Settlement Administration 

Costs and Expenses, Service Awards, and the cost of providing 

the Product to seven million Affected Consumers (the “Costs”) 

are greater than or equal to Three Hundred Million Dollars 

($300,000,000), Equifax Inc., its successors and assigns, shall 

pay the Commission an amount equal to the cost of providing 

the Product to enrollees above seven million (the “Additional 

Credit Monitoring Cost”); 

b. If the Costs are less than Two Hundred Fifty-Six Million Five 

Hundred Thousand Dollars ($256,500,000) and the Additional 

Credit Monitoring Cost is greater than Forty-Three Million Five 

Hundred Thousand Dollars ($43,500,000), Equifax Inc., its 

successors and assigns, shall pay the Commission an amount 

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equal to the Additional Credit Monitoring Cost less Forty-Three 

Million Five Hundred Thousand Dollars ($43,500,000); or 

c. If (i) the Costs are greater than or equal to Two Hundred FiftySix Million Five Hundred Thousand Dollars ($256,500,000) but 

less than Three Hundred Million Dollars ($300,000,000) and 

(ii) the Costs plus the Additional Credit Monitoring Costs are 

greater than Three Hundred Million Dollars ($300,000,000), 

Equifax Inc., its successors and assigns, shall pay the 

Commission an amount equal to the Costs plus Additional 

Credit Monitoring Costs less Three Hundred Million Dollars 

($300,000,000); and 

2. If, during the Extended Claims Period, more than seven million 

Affected Consumers have enrolled in the Product and either (i) the 

Costs are greater than or equal to Two Hundred Fifty-Six Million Five 

Hundred Thousand Dollars ($256,500,000)or (ii) the Additional 

Credit Monitoring Costs are greater than or equal to Forty-Three 

Million Five Hundred Thousand Dollars ($43,500,000) then, on a 

monthly basis, Equifax Inc., its successors and assigns, shall deposit 

any additional money to the Commission that would be required 

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pursuant to the calculations in Section VII.B.1.a-c, less any amounts 

previously deposited as the Additional Financial Obligations. 

VIII. CONSUMER RESTITUTION AND REDRESS THROUGH 

MULTI-DISTRICT LITIGATION 

IT IS FURTHER ORDERED that consumer relief that would otherwise be 

conducted by the Commission using the monetary relief in Section VII may be 

instead conducted through final resolution of the Multi-District Litigation 

consistent with Sections VIII, IX, and X of this Order, beginning with filing an 

executed Settlement agreement and motion for entry of an order permitting 

issuance of notice of the Settlement containing each of the following components: 

A. Equifax Inc., its successors and assigns, shall deposit Three Hundred Million 

Dollars ($300,000,000) (the “Payment”) into the Consumer Fund as follows: 

(i) One Hundred Fifty Thousand Dollars ($150,000) no later than fifteen 

days after the filing of this Order, to cover reasonable set-up costs of the 

Notice Provider; (ii) Twenty-Five Million Dollars ($25,000,000) no later 

than fifteen days after the MDL Court enters an order permitting issuance of 

notice of the Settlement, to cover reasonable costs and expenses of the 

Settlement Administrator and Notice Provider and set-up costs for the 

independent third-party provider of the Product and Assisted Identity 

Restoration Services; and (iii) Three Hundred Million Dollars 

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($300,000,000) into the Consumer Fund, less any amounts paid pursuant to 

(i) and (ii), no later than fifteen days after the Class Action Effective Date. 

B. If the Consumer Fund lacks sufficient funds to pay claims for Out-of-Pocket 

Losses made during the Initial and Extended Claims Periods, Equifax Inc., 

its successors and assigns, deposits into the Consumer Fund, as needed to 

pay such claims on a monthly basis, up to an additional aggregate amount of 

One Hundred Twenty-Five Million Dollars ($125,000,000) within fourteen 

days after receipt of written notification from the Settlement Administrator 

that there are insufficient funds remaining in the Consumer Fund. 

C. Equifax Inc., its successors and assigns, pays any Additional Financial 

Obligations required under Section VII into the Consumer Fund. 

D. Sections IX and X of this Order shall be construed in a manner consistent 

with the Settlement. 

IX. CONSUMER FUND FOR MULTI-DISTRICT LITIGATION 

IT IS FURTHER ORDERED that: 

A. An amount no less than Three Hundred Million Dollars ($300,000,000), plus 

any amount deposited in the Consumer Fund pursuant to Sections VIII.B 

and VIII.C, including all accumulated interest, must be used and 

administered as described in Section IX for the exclusive purpose of 

providing restitution and redress to Affected Consumers. 

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B. Subject to Sections IX.C and IX.D, the Consumer Fund shall be used to pay: 

1. After either the Class Action Effective Date or the conclusion of the 

Initial Claims Period, whichever is later, for claims submitted during 

the Initial Claims Period: 

a. Four years of enrollment in the Product to Affected Consumers, 

which shall include One Million Dollars ($1,000,000) in 

identity theft insurance and Full Service Identity Restoration 

Services. 

i. The Product shall be offered, provided and maintained by an 

independent third party and shall not be provided to any 

Affected Consumer by Defendant. Defendant shall not 

receive any monetary benefit from the Product; 

ii. Defendant shall, through the independent third party 

provider of the Product, provide activation codes for 

enrollment in the Product to Affected Consumers who file a 

valid claim for the Product. Activation codes shall be sent 

no later than forty-five days after either the Class Action 

Effective Date or the conclusion of the Initial Claims Period, 

whichever is later. Affected Consumers shall be eligible to 

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enroll in the Product for a period of at least ninety days 

following receipt of the activation code. 

b. Alternative Reimbursement Compensation of up to One 

Hundred Twenty-Five Dollars ($125); 

c. Claims for Out-of-Pocket Losses, including, without limitation, 

the following: 

i. Up to twenty-five percent (25%) reimbursement for costs 

incurred by an Affected Consumer enrolled in an Equifax 

credit or identity monitoring subscription product on or after 

September 7, 2016, through September 7, 2017; 

ii. Credit monitoring costs that were incurred by an Affected 

Consumer on or after September 7, 2017, through the date of 

the Affected Consumer’s claim submission; 

iii. Costs incurred on or after September 7, 2017, associated 

with placing or removing a security freeze on a Consumer 

Report with any Consumer Reporting Agency; 

iv. Unreimbursed costs, expenses, losses, or charges incurred 

by an Affected Consumer as a result of identity theft or 

identity fraud, falsified tax returns, or other alleged misuse 

of Affected Consumers’ personal information; 

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v. Other miscellaneous expenses incurred related to any OutOf-Pocket Loss such as notary, fax, postage, copying, 

mileage, and long-distance telephone charges; and 

vi. Time Compensation for up to twenty hours. 

2. For claims submitted during the Extended Claims Period, 

reimbursement of claims for the following Out-of-Pocket Losses 

incurred during the Extended Claims Period: 

a. Unreimbursed costs, expenses, losses, or charges incurred by an 

Affected Consumer as a result of identity theft or identity fraud, 

falsified tax returns, or other alleged misuse of Affected 

Consumers’ Personal Information; 

b. Other miscellaneous expenses, incurred by an Affected 

Consumer related to remedying fraud, identity theft, or other 

misuse of an Affected Consumer’s Personal Information, such 

as notary, fax, postage, copying, mileage, and long-distance 

telephone charges; and 

c. Time Compensation limited to time spent remedying fraud, 

identity theft, or other misuse of an Affected Consumer’s 

Personal Information that is fairly traceable to the Breach. 

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3. For a period of seven years from the Class Action Effective Date, 

Assisted Identity Restoration Services to an Affected Consumer. 

Affected Consumers shall not be required to enroll in the Product to 

obtain Assisted Identity Restoration Services. 

a. The Assisted Identity Restoration Services shall be offered, 

provided and maintained by the independent third party that has 

been approved by a representative of the Commission and that 

will be presented to the MDL Court for its approval. Assisted 

Identity Restoration Services shall not be provided to any 

Affected Consumer by Defendant. Defendant shall not receive 

any monetary benefit from the Assisted Identity Restoration 

Services. 

4. Notice and Settlement Administration Costs and Expenses; 

5. Applicable taxes, duties, and similar charges due from the Consumer 

Fund to the extent that the principal is not reduced; and 

6. Service Awards in an aggregate amount not to exceed Two Hundred 

Fifty Thousand Dollars ($250,000). To the extent the MDL Court 

approves Service Awards in excess of Two Hundred Fifty Thousand 

Dollars ($250,000), such amount shall not be paid from the funds 

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deposited into the Consumer Fund pursuant to this Order and shall be 

paid solely by the Defendant. 

C. Subject to Section IX.D, payments from the Consumer Fund shall be subject 

to the following limitations: 

1. Each Affected Consumer will be eligible to receive a maximum 

aggregate reimbursement of Twenty Thousand Dollars ($20,000) for 

Out-of-Pocket Losses. 

2. No more than Thirty-One Million Dollars ($31,000,000) shall be used 

to pay Alternative Reimbursement Compensation (the “Alternative 

Reimbursement Compensation Cap”). To the extent valid claims for 

Alternative Reimbursement Compensation exceed the Alternative 

Reimbursement Compensation Cap, then payments for valid 

Alternative Reimbursement Compensation claims shall be reduced on 

a pro rata basis. 

3. No more than Thirty-One Million Dollars ($31,000,000) shall be paid 

as Time Compensation for valid Time Compensation claims made 

during the Initial Claims Period (the “Initial Time Compensation 

Cap”). To the extent valid claims for Time Compensation made 

during the Initial Claims Period exceed the Initial Time Compensation 

Cap, payments for such valid claims will be reduced on a pro rata 

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basis. Valid claims for Time Compensation made during the 

Extended Claims Period will be paid in the order they are received 

and approved at the same pro rata rate (if applicable) as valid Time 

Compensation claims made during the Initial Claims Period. No more 

than Thirty-Eight Million Dollars ($38,000,000) in the aggregate shall 

be paid as Time Compensation for valid claims made during both the 

Initial Claims Period and Extended Claims Period (the “Aggregate 

Time Compensation Cap”). At the conclusion of the Extended Claims 

Period, and following payment of valid claims made during the 

Extended Claims Period, Time Compensation claims may be subject 

to Section IX.D, if applicable, in which case all valid Time 

Compensation claims will be paid at the same pro rata rate. 

D. If amounts remain in the Consumer Fund at the conclusion of the Extended 

Claims Period, the remaining funds shall be distributed to provide restitution 

and redress as follows: 

1. First, the Aggregate Time Compensation Cap and Alternative 

Reimbursement Compensation Cap shall both be lifted (if applicable) 

and payments increased pro rata to Affected Consumers with valid 

claims up to the full amount of those claims; then, 

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2. Second, to provide Assisted Identity Restoration Services to all 

Affected Consumers for up to an additional thirty-six months; then, 

3. Third, to extend the duration of the Product to Affected Consumers 

enrolled in the Product until the funds in the Consumer Fund are 

exhausted. 

X. NOTICE AND CLAIMS IN MULTI-DISTRICT LITIGATION 

IT IS FURTHER ORDERED, if Defendant elects to deposit money in the 

Consumer Fund: 

A. Defendant shall supply the Notice Provider with information in its 

possession, custody, or control, to the extent reasonably available, regarding 

Affected Consumers sufficient to enable the Notice Provider to implement 

the Notice Plan. 

B. Defendant shall supply the Settlement Administrator with information in its 

possession, custody, or control, to the extent reasonably available, regarding 

Affected Consumers sufficient to enable the Settlement Administrator to 

implement the Claims Administration Protocol. This shall include providing 

the Settlement Administrator with sufficient information to identify 

consumers who are eligible for reimbursement pursuant to IX.B.1.c.i, as 

those consumers are not required to submit supporting documentation for 

this type of Out-of-Pocket Loss. 

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C. Defendant must notify a designated representative of the Commission of any 

requested modifications to the Notice Plan or Claims Administration 

Protocol, including any change of the Notice Provider or Settlement 

Administrator, and any such modification requested by the Defendant must 

be approved by a designated representative of the Commission, with such 

approval not unreasonably withheld, and shall also require approval from the 

MDL Court. 

D. In connection with the administration of the Consumer Fund overseen by the 

MDL Court: 

1. The Commission may send a request for information regarding 

compliance with Sections VII – X of this Order to the Notice Provider 

and/or Settlement Administrator, and any request will include all 

parties to the Settlement and the Bureau. Discussion and fulfillment 

of responses to a request from the Commission shall be made 

consistent with the Claims Administration Protocol; 

2. Defendant shall provide to the Commission the weekly reports 

prepared by the Settlement Administrator pursuant to the MultiDistrict Litigation that summarize information related to the claims 

administration; and 

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3. Defendant shall provide to the Commission copies of any information 

requested by and submitted to the Bureau. 

Any information submitted to the Commission pursuant to this Section shall 

be treated as confidential until the Class Action Effective Date. 

E. From the beginning of the Initial Claims Period until the Consumer Fund is 

exhausted, Defendant shall provide a representative of the Commission, on 

an annual basis, with the following information for the prior year: 

1. A summary by month of the total number of claims submitted to the 

Settlement Administrator, the total dollar amount of claims submitted 

to the Settlement Administrator, the total number of claims paid by 

the Settlement Administrator, the total amount of claims paid by the 

Settlement Administrator, and the total amount of claim payments 

negotiated. 

2. Regarding the Product and Assisted Identity Restoration Services 

outlined in Exhibit A, the following information: 

a. The number of Affected Consumers who enrolled in the 

Product; 

b. The number and total dollar amount of claims filed by Affected 

Consumers under the identity theft insurance provided pursuant 

to the Product and what percentage of those claims were paid; 

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c. The number of Affected Consumers who availed themselves of 

Full Service Identity Restoration Services in the year preceding 

the publication of the annual report; and 

d. The number of Affected Consumers who availed themselves of 

Assisted Identity Restoration Services in the year preceding the 

publication of the annual report. 

3. Information regarding notice, including the number of viewers who 

opened emails sent pursuant to the Notice Plan, the number of unique 

visitors to the Settlement Website, and the number of unique visitors 

who arrived from a hyperlink to the Settlement Website posted on or 

in each of the following: 

a. www.equifax.com; 

b. www.equifaxsecurity2017.com; 

c. Defendant’s Twitter notifications referenced in Section 

XV.A.4; 

d. Defendant’s Facebook notifications referenced in Section 

XV.A.5; and 

e. The emails sent pursuant to the Notice Plan. 

4. Regarding consumer complaints: 

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a. The number of unique consumer complaints received by the 

Settlement Administrator or the third party providing the 

Product regarding: 

i. Access to the Settlement Website; 

ii. Enrollment in the Product; 

iii. Any of the Product components, including identity theft 

insurance; 

iv. Any other consumer rights to obtain relief under this Order; 

or 

v. Identity theft; and 

b. Defendant shall develop and implement a process to direct 

consumers that contact Defendant with issues related to the 

Settlement or the Consumer Fund to the Settlement 

Administrator and/or the Settlement Website. 

5. The reporting period must cover: (1) the first year after the entry date 

of the order permitting issuance of notice of the Settlement; and (2) 

each year thereafter until the Consumer Fund has been exhausted. 

6. This information must be submitted to the Commission within sixty 

days after the reporting period has been completed via email to 

DEbrief@ftc.gov or by overnight courier (not the U.S. Postal Service) 

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to Associate Director for Enforcement, Bureau of Consumer 

Protection, Federal Trade Commission, 600 Pennsylvania Avenue 

N.W., Washington, D.C. 20580. The subject line must begin, 

“Federal Trade Commission v. Equifax Inc., FTC File No. 1723203.” 

7. Defendant shall transmit the information required pursuant to Section 

X.D without alteration and shall disclose any fact material to the 

information submitted. No information may be withheld on the basis 

of (1) a claim of confidentiality, proprietary or trade secrets, or any 

similar claim, or (2) any privilege asserted between Defendant and the 

Settlement Administrator, although such documents can be designated 

for confidential treatment in accordance with applicable law. 

8. The information described in Section X.D shall be treated as 

confidential until the Class Action Effective Date. Defendant shall 

not object to publication of this information by the Commission, to the 

extent that such publication occurs after the Class Action Effective 

Date. 

XI. REVERSION OF CONSUMER RELIEF TO ADMINISTRATION BY 

COMMISSION 

IT IS FURTHER ORDERED that the Commission may end its forbearance 

of the collection of the judgment and use the procedures set forth in this Section, 

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rather than through the Multi-District Litigation in Section VIII, and receive 

Defendant’s payments directly as follows: 

A. The forbearance will terminate upon written notice to Defendant upon the 

occurrence of one or more Termination Events. If any of the following 

Termination Events should occur, a representative of the Commission and 

the Bureau may, in their sole discretion, jointly send Defendant a written 

notice of a Termination Event: 

1. An executed Settlement agreement, and a motion for an order 

permitting issuance of notice of the Settlement, containing terms 

materially similar to those outlined in Sections VIII, IX, X, and XIII 

and Exhibit A of this Order, are not submitted to the MDL Court 

within fourteen days after the filing of this proposed Order, provided 

however that the Defendant, Commission, or the Bureau are not the 

cause of such failure; 

2. The MDL Court declines to enter an order permitting issuance of 

notice of the Settlement and either (i) a modified Settlement 

agreement is not submitted to the MDL Court within sixty days or (ii) 

a modified Settlement agreement is submitted to the MDL Court 

without Defendant first obtaining written approval from a 

representative of the Commission; 

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3. The MDL Court enters a final approval of a Settlement agreement in 

the Multi-District Litigation with terms that are materially different 

from the terms in Sections VIII-X and Exhibit A of this Order and 

Defendant has not obtained written approval from a representative of 

the Commission; 

4. The MDL Court declines to enter a final approval of a Settlement 

agreement in the Multi-District Litigation with terms materially 

similar to those outlined in Sections VIII, IX, X, and XIII and Exhibit 

B of this Order and (i) a modified Settlement agreement is not 

submitted to the MDL Court within sixty days, or (ii) a modified 

Settlement agreement is submitted to the MDL Court without 

Defendant first obtaining written approval from a representative of the 

Commission; 

5. The MDL Court’s Final Approval Order is overturned on appeal and 

either (i) a modified Settlement agreement in the Multi-District 

Litigation is not submitted to the MDL Court within sixty days or (ii) 

a modified Settlement agreement in the Multi-District Litigation is 

submitted to the MDL Court without Defendant first obtaining 

approval from a representative of the Commission; 

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6. The MDL Court approves a Settlement agreement or modified 

Settlement agreement, other than one approved by the Commission, 

resolving the Multi-District Litigation that interferes in any way with 

the Commission’s ability to enforce this Order; or 

7. If at any time the Settlement is terminated by any party to the MultiDistrict Litigation. 

Where approval is required by a representative of the Commission, such 

approval shall not be unreasonably withheld (e.g., if the proposed 

modification is no less favorable to Affected Consumers than the terms of 

this Order) and shall be timely provided. 

B. If an event described in Sections XI.B.2 – 6 results from an objection from 

the Commission, Bureau, or the States’ Attorneys General in the MDL Court 

to either (i) the Settlement or (ii) a modified Settlement agreement in the 

Multi-District Litigation, and such Settlement or modified Settlement 

agreement contains terms that are materially similar to Sections VIII, IX, X, 

and XIII and Exhibit A, such event shall not constitute a Termination Event. 

C. If the Commission and the Bureau jointly send Defendant a written notice of 

a Termination Event, Section XI of this Order will not be construed in a way 

that interferes with the Multi-District Litigation. 

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D. If the forbearance ends, within twenty-one days of receipt of written notice 

of a Termination Event, Equifax Inc., its successors and assigns, is ordered 

to pay the following amounts, plus any interest accumulated, less any 

payments that have already been disbursed by the Settlement Administrator 

from the Consumer Fund; Defendant is not entitled to any offset or other 

deduction unless a representative of the Commission agrees in writing in 

advance: 

1. Three Hundred Million Dollars ($300,000,000), plus any interest 

accumulated, less any payments that have already been disbursed by 

the Settlement Administrator from the Consumer Fund; 

2. If the funds paid pursuant to Section XI.D.1 are insufficient to pay 

claims for Out-of-Pocket Losses made during the Initial and Extended 

Claims Periods, and subject to the monetary limits, if applicable, set 

forth in Sections IX.B, IX.C and IX.D, Equifax Inc., its successors 

and assigns, shall make additional payments of up to One Hundred 

Twenty-Five Million Dollars ($125,000,000) in the aggregate as 

needed on a monthly basis within fourteen days after receipt of 

written notification from a representative of the Commission that 

there are insufficient funds remaining; and 

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3. Additional Financial Obligations, subject to the monetary limits, if 

applicable, set forth in Section IX.B, IX.C and IX.D, pursuant to 

Section VII.B. 

E. All payments to the Commission must be made by electronic fund transfer in 

accordance with instructions provided by a representative of the 

Commission. 

F. The Notice Provider and Settlement Administrator’s acceptance of funds 

shall constitute the Notice Provider and Settlement Administrator’s 

agreement to consent to the jurisdiction of this Court. 

G. In addition to payment, Defendant remains obligated to cooperate in the 

administration of consumer relief. If a representative of the Commission 

requests in writing any information related to consumer relief, Defendant 

must provide it, in the form prescribed by the Commission, within fourteen 

days. Defendant shall provide the Commission with: 

1. Sufficient information to enable the Commission to efficiently 

administer consumer relief. 

2. Sufficient information regarding any steps toward consumer notice, 

claims, and relief that has been provided pursuant to the Consumer 

Fund by the Notice Provider or the Settlement Administrator to enable 

the Commission to efficiently administer consumer relief. 

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H. The Commission may, at its sole discretion, continue to work with the 

Notice Provider and Settlement Administrator on behalf of itself, the 

Bureau, and the States’ Attorneys General. 

1. Whether the Commission elects to continue to retain them, the Notice 

Provider and the Settlement Administrator shall provide the 

Commission with sufficient information regarding any steps toward 

consumer notice, claims, and relief that has been provided pursuant to 

the Consumer Fund to enable the Commission to efficiently 

administer consumer relief. 

2. If a representative of the Commission requests in writing any 

information related to consumer relief, Defendant shall require the 

Notice Provider and the Settlement Administrator to provide it, to the 

extent reasonably available, in the form prescribed by the 

Commission, within fourteen days. 

I. All other provisions of this Order shall remain in full force and effect. 

XII. ADDITIONAL MONETARY PROVISIONS 

IT IS FURTHER ORDERED that: 

A. Defendant relinquishes dominion and all legal and equitable right, title, and 

interest in all assets transferred pursuant to this Order and may not seek the 

return of any assets. 

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B. The facts alleged in the Complaint will be taken as true, without further 

proof, in any subsequent civil litigation by or on behalf of the Commission 

in a proceeding to enforce its rights to any payment or monetary judgment 

pursuant to this Order, such as a nondischargeability complaint in any 

bankruptcy case. 

C. The facts alleged in the Complaint establish all elements necessary to sustain 

an action by the Commission pursuant to Section 523(a)(2)(A) of the 

Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and this Order will have 

collateral estoppel effect for such purposes. 

D. Defendant acknowledges that its Taxpayer Identification Number, which 

Defendant must submit to the Commission, may be used for collecting and 

reporting on any delinquent amount arising out of this Order, in accordance 

with 31 U.S.C. § 7701. 

E. All money paid to the Commission shall be deposited into a fund 

administered by the Commission or its designee to be used for consumer 

relief, on behalf of the Commission, the Bureau, and States’ Attorneys 

General, including the types of consumer relief enumerated in Section IX 

(such as enrollment in a credit monitoring product, out-of-pocket losses, 

time compensation, miscellaneous expenses, and identity theft restoration 

services), and any attendant expenses for the administration of any fund. If a 

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representative of the Commission decides that direct redress to consumers is 

wholly or partially impracticable or money remains after consumer relief is 

completed under this subsection, the Commission may apply any remaining 

money for such other consumer relief (including consumer information 

remedies) as it determines to be reasonably related to Defendant’s practices 

alleged in the Complaint. Any money not used for such consumer relief is to 

be deposited to the U.S. Treasury as disgorgement. All processes and 

protocols for the effective and efficient administration of the consumer relief 

are within the sole discretion of the Commission or its representatives and 

Defendant has no right to challenge any actions the Commission or its 

representatives may take pursuant to Section XII.E. 

XIII. SINGLE-BUREAU MONITORING AND IDENTITY THEFT 

PROTECTION 

IT IS FURTHER ORDERED that Defendant shall: 

A. Offer a single-bureau monitoring service with the features described in 

Exhibit A (“Single-Bureau Monitoring) that has been approved by a 

representative of the Commission, to Affected Consumers who file a valid 

claim for Single-Bureau Monitoring and who enroll in the Product. Such 

Affected Consumers may enroll in the Single-Bureau Monitoring upon 

expiration of the Product, including any extensions thereof pursuant to 

Section IX, such that the aggregate number of years of credit monitoring 

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provided under Section IX and the Single-Bureau Monitoring equals ten 

years, except as described in Subsection XIII.B, below. 

B. Offer Affected Consumers who were under the age of eighteen on May 13, 

2017, additional years of Single-Bureau Monitoring such that the aggregate 

number of years of credit monitoring provided under Section IX and the 

Single-Bureau Monitoring equals eighteen years. If an Affected Consumer 

who enrolled in the Product is under the age of eighteen when the Product 

expires, the Single-Bureau Monitoring offered will be child monitoring 

services until such Affected Consumer reaches eighteen years of age. 

C. Provide all Affected Consumers with an easily accessible process to place or 

remove security freezes or locks on their Personal Consumer Report for free 

for a period of ten years following the date of entry of this Order. Defendant 

shall not dissuade Affected Consumers from placing or choosing to place a 

security freeze. Should Defendant offer any standalone product or service as 

an alternative with substantially similar features as a security freeze (e.g., 

Lock & Alert), Defendant shall not seek to persuade Affected Consumers to 

choose the alternative product or service instead of a security freeze. 

D. Separate and apart from any statutory or other legal requirements, for a 

period of seven years starting December 31, 2019, provide to all U.S. 

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consumers a clearly accessible process to obtain six free copies during any 

twelve-month period of their Personal Consumer Report. 

XIV. PROHIBITION ON ADVERTISING OR MARKETING TO 

CONSUMERS WHO USE IDENTITY THEFT PROTECTION 

SERVICES 

IT IS FURTHER ORDERED that Defendant, Defendant’s officers, agents, 

employees, and attorneys, and all other persons in active concert or participation 

with any of them, who receive actual notice of this Order, shall not use any 

information provided by an Affected Consumer to enroll in or to use the products 

and services set forth in Sections IX, XIII.D, and Exhibit A, including the Product, 

Full Service Identity Restoration Services, Assisted Identity Restoration Services, 

and the Single-Bureau Credit Monitoring, or the free credit monitoring products 

(Equifax TrustedID Premier, Equifax Credit Watch Gold with 3 in 1 Monitoring, 

or Experian IDNotify) offered or paid by Defendant in connection with the Breach 

(or the fact that the consumer provided such information), to sell, upsell, cross-sell, 

or directly market or advertise its products or services unless Defendant: 

A. Makes a Clear and Conspicuous disclosure, separate and apart from any 

“End User License Agreement,” “Privacy Policy,” “Terms of Use” page, 

describing how Defendant will use the Affected Consumer’s information; 

and 

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B. Obtains and documents the Affected Consumer’s affirmative express 

consent. 

XV. ADDITIONAL NOTICE 

IT IS FURTHER ORDERED that Defendant shall provide the following 

notices: 

A. To Affected Consumers within seven days of entry of an order permitting 

issuance of notice of the Settlement, or the Commission notifying Defendant 

that it is exercising its rights under a Termination Event, whichever is 

earlier: 

1. Posting a Clear and Conspicuous hyperlink to the Settlement Website 

on the top portion of the landing page for Defendant’s primary, 

consumer-facing website, www.equifax.com, which shall state “Visit 

[hyperlink to the Settlement Website] for information on the Equifax 

Data Breach Settlement” or “Equifax Data Breach Settlement,” which 

shall remain posted until the expiration of the Initial Claims Period; 

2. Posting a Clear and Conspicuous hyperlink to the Settlement Website 

on the top portion for the landing page for Defendant’s 

www.equifaxsecurity2017.com website, which shall state “Visit 

[hyperlink to the Settlement Website] for information on the Equifax 

Data Breach Settlement” or “Equifax Data Breach Settlement,” which 

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shall remain posted until the expiration of the Extended Claims 

Period; 

3. Issuing a press release, using terms consistent with the approved 

Notice Plan, including a hyperlink to the Settlement Website, with 

information about the Product, the Consumer Fund, and the 

Settlement Website; 

4. Sending a Twitter notification via Defendant’s primary Twitter 

account monthly during the Initial Claims Period and then biannually 

during the Extended Claims Period, the text of which shall read “Visit 

[hyperlink to the Settlement Website] for information on the Equifax 

Data Breach Settlement”; and 

5. Posting a Facebook notification via Defendant’s primary account 

monthly during the Initial Claims Period and then biannually during 

the Extended Claims Period, the text of which shall read “Visit 

[hyperlink to the Settlement website] for information on the Equifax 

Data Breach Settlement.” 

B. To U.S. consumers, issuing a press release seven days after the relief 

described in Section XIII.D becomes available, with information about the 

availability of six free copies of a U.S. consumer’s Personal Consumer 

Report during any twelve-month period for seven years, including a 

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hyperlink to the webpage where consumers can request free Personal 

Consumer Reports. 

XVI. RULE VIOLATIONS 

IT IS FURTHER ORDERED that Defendant, Defendant’s officers, agents, 

employees and attorneys, and all other persons in active concert or participation 

with any of them, who receive actual notice of this Order, whether acting directly 

or indirectly, in connection with any product or service, are hereby permanently 

restrained and enjoined from violating any provision of the Standards for 

Safeguarding Consumer Information Rule, 16 C.F.R. Part 314, a copy of which is 

attached hereto as Exhibit B. 

XVII. ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendant obtain acknowledgments of 

receipt of this Order: 

A. Defendant, within seven days of entry of this Order, must submit to the 

Commission an acknowledgment of receipt of this Order sworn under 

penalty of perjury. 

B. For ten years after entry of this Order, Defendant must deliver a copy of this 

Order to: (a) all principals, officers, directors, and LLC managers and 

members; (b) all employees, agents, and representatives having managerial 

or supervisory responsibilities for conduct related to the subject matter of the 

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Order; and (c) any business entity resulting from any change in structure as 

set forth in the Section titled Compliance Reporting; and 

C. Delivery must occur within 7 days of entry of this Order for current 

personnel. For all others, delivery must occur before they assume their 

responsibilities. 

D. From each individual or entity to which Defendant delivered a copy of this 

Order, Defendant must obtain, within 30 days, a signed and dated 

acknowledgment of receipt of this Order, which can be obtained 

electronically. 

XVIII. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendant make timely submissions to 

the Commission: 

A. One year after entry of this Order, Defendant must submit a compliance 

report, sworn under penalty of perjury in which Defendant must: (a) identify 

the primary physical, postal, and email address and telephone number, as 

designated points of contact, which representatives of the Commission may 

use to communicate with Defendant; (b) identify all of Defendant’s 

businesses by all of their names, telephone numbers, and physical, postal, 

email, and Internet addresses; (c) describe the activities of each business, 

including the types of goods or services offered, the means of advertising, 

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Case 1:19-mi-99999-UNA Document 2361-3 Filed 07/22/19 Page 58 of 64 

marketing, and sales, and the categories or types of Personal Information 

collected, transferred, maintained, processed or stored by each business; (d) 

describe in detail whether and how Defendant is in compliance with each 

Section of this Order; and (e) provide a copy of or record proving each 

Order Acknowledgment obtained pursuant to this Order, unless previously 

submitted to the Commission. 

B. For 20 years after entry of this Order, Defendant must submit a compliance 

notice, sworn under penalty of perjury, within 14 days of any change in the 

following: (a) any designated point of contact; or (b) the structure of any 

entity that Defendant has any ownership interest in or controls directly or 

indirectly that may affect compliance obligations arising under this Order, 

including: creation, merger, sale, or dissolution of the entity or any 

subsidiary, parent, or affiliate that engages in any acts or practices subject to 

this Order. 

C. Defendant must submit to the Commission notice of the filing of any 

bankruptcy petition, insolvency proceeding, or similar proceeding by or 

against the Defendant within 14 days of its filing. 

D. Any submission to the Commission required by this Order to be sworn under 

penalty of perjury must be true and accurate and comply with 28 U.S.C. § 

1746, such as by concluding: “I declare under penalty of perjury under the 

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laws of the United States of America that the foregoing is true and correct. 

Executed on: ______” and supplying the date, signatory’s full name, title (if 

applicable), and signature. 

E. Unless otherwise directed by a Commission representative in writing, all 

submissions to the Commission pursuant to this Order must be emailed to 

DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal Service) 

to: Associate Director for Enforcement, Bureau of Consumer Protection, 

Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, 

DC 20580. The subject line must begin “Federal Trade Commission v. 

Equifax Inc., FTC File No. 1723203.” 

XIX. RECORDKEEPING 

IT IS FURTHER ORDERED that Defendant must create certain records for 

20 years after entry of the Order, and retain each such record for 5 years. 

Specifically, Defendant must create and retain the following records: 

A. Accounting records showing the revenues from all goods or services sold; 

B. Personnel records showing, for each person providing services, whether as 

an employee or otherwise, that person’s: name; addresses; telephone 

numbers; job title or position; dates of service; and (if applicable) the 

reasons for termination; 

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C. Copies or records of all U.S. consumer complaints concerning the subject 

matter of the Order, whether received directly or indirectly, such as through 

a third party, and any response; 

D. A copy of each information security assessment required by this Order and 

any material evaluations of Defendant’s physical, technical, or 

administrative controls to protect the confidentiality, integrity, or availability 

of Personal Information; 

E. A copy of each widely disseminated and unique representation by Defendant 

that describes the extent to which Defendant maintains or protects the 

privacy, confidentiality, security, or integrity of any Personal Information; 

F. For five years after the date of preparation of each Assessment required by 

this Order, all materials and evidence that are in the Defendant’s possession 

and control that the Assessor considered, reviewed, relied upon or examined 

to prepare the Assessment, whether prepared by or on behalf of Defendant, 

including all plans, reports, studies, reviews, audits, audit trails, policies, 

training materials, and assessments, and any other materials concerning 

Defendant’s compliance with related Sections of this Order, for the 

compliance period covered by such Assessment; and 

G. All records necessary to demonstrate full compliance with each provision of 

this Order; including all submissions to the Commission. 

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XX. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring 

Defendant’s compliance with this Order: 

A. Within 14 days of receipt of a written request from a representative of the 

Commission, Defendant must: submit additional compliance reports or 

other requested information, which must be sworn under penalty of perjury; 

appear for depositions; and produce documents for inspection and copying. 

The Commission is also authorized to obtain discovery, without further 

leave of court, using any of the procedures prescribed by Federal Rules of 

Civil Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, 

and 69. 

B. For matters concerning this Order, the Commission is authorized to 

communicate directly with Defendant. Defendant must permit 

representatives of the Commission to interview any employee or other 

person affiliated with Defendant who has agreed to such an interview. The 

person interviewed may have counsel present. 

C. The Commission may use all other lawful means, including posing, through 

its representatives as consumers, suppliers, or other individuals or entities, to 

Defendant or any individual or entity affiliated with Defendant, without the 

necessity of identification or prior notice. Nothing in this Order limits the 

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Case 1:19-mi-99999-UNA Document 2361-3 Filed 07/22/19 Page 62 of 64 

Commission’s lawful use of compulsory process, pursuant to Sections 9 and 

20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1. 

XXI. SEVERABILITY 

IT IS FURTHER ORDERED that if any clause, provision, or section of this 

Order shall, for any reason, be held illegal, invalid, or unenforceable, such 

illegality, invalidity or unenforceability shall not affect any other clause, provision 

or section of this Order and this Order shall be construed and enforced as if such 

illegal, invalid or unenforceable clause, section or provision had not been 

contained herein. 

XXII. RETENTION OF JURISDICTION 

IT IS FUTHER ORDERED that this Court retain jurisdiction of this matter 

for purposes of construction, modification, and enforcement of this Order. 

SO ORDERED this ________ day of _________, ______. 

United States District Judge 

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Case 1:19-mi-99999-UNA Document 2361-3 Filed 07/22/19 Page 63 of 64 

FOR PLAINTIFF FEDERAL TRADE COMMISSION:

/s/ Jacqueline K. Connor

JACQUELINE K. CONNOR

TIFFANY GEORGE

CATHLIN TULLY

Federal Trade Commission

600 Pennsylvania Ave. N.W.,

CC-8232

Washington, D.C. 20580

Telephone: (202) 326-2844

Facsimile: (202) 656-3062

E-mail(s): jconnor@ftc.gov

tgeorge@ftc.gov

ctully@ftc.gov

ANNA M. BURNS

GA Bar No. 558234

Federal Trade Commission

Southeast Region

225 Peachtree Street, N.E., Suite 1500

Atlanta, GA 30303

Telephone: (404) 656-1350

Facsimile: (404) 656-1379

E-mail: aburns@ftc.gov 

Date: 07/19/2019

63
FOR DEFENDANT EQUIFAX INC: 

JOHN~ 

Corporate Vice President, 

Chief Legal Officer 

Equifax Inc. 

1550 Peachtree Street, NW 

Atlanta, GA 30309 

Date: ___,1/r--....... ll,_/t~1'--. _ f _ _ I 

Date: r / / 'f /trt 

Case 1:19-mi-99999-UNA Document 2361-3 Filed 07/22/19 Page 64 of 64 

EDITH RAMIREZ 

HARRIET PEARSON MICHELLE KISL,OFF 

TIMOTHY TOBIN 

Hogan Lovells US LLP 

555 Thirteenth Street, NW 

Washington, DC 20024 

Tel: (202) 637-5600 

Fax: (202) 637-5910