Consumer complaint received 2024-11-27 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC.
State: NH

Complaint narrative:
Subject : Notice of Claim for Damages Privacy Act of 1974 Violation Dear XXXX XXXX and XXXX XXXX, I am writing to formally notify you of my claim for damages against Equifax , Inc., related to the massive data breach that occurred between XXXX and XX/XX/XXXX, during which the personal identifiable information ( PII ) of over XXXX XXXX Americans, including my own, was exposed. As detailed below, this breach resulted in the unauthorized disclosure of my sensitive information, violating my rights under the Privacy Act of 1974 ( 5 U.S.C. 552a ) and other applicable laws.

Facts of the Case 1. Breach Details : During the data breach, Equifax failed to maintain adequate security measures to protect the sensitive personal data of millions of Americans, including my name, Social Security number, date of birth, and credit-related information.

2. My Impact : My personal information was included in the breach, as confirmed by Equifax Data Breach Settlement Website ( Engagement number XXXX ). 
As a result, I have experienced [ financial harm, emotional distress, unauthorized credit activity, general mode of living, and identity theft ]. 
I have incurred out-of-pocket expenses to safeguard my identity and prevent fraud, including costs for credit monitoring services and identity protection measures. 
XXXX. Equifaxs Negligence : Equifax failed to implement and maintain sufficient data security measures, such as encryption and timely software updates, which directly led to this breach. This negligence exposed millions of consumers to unnecessary risks and demonstrated a failure in the companys fiduciary and legal obligations. 

Legal Basis for Claim Violation of the Privacy Act of 1974 Under the Privacy Act of 1974, organizations that collect and maintain sensitive personal data have an obligation to ensure its security and prevent unauthorized disclosure. By failing to safeguard my PII, Equifax violated its statutory duty under the Privacy Act.

Supporting Case Law : Doe v. Chao, 540 U.S. 614 ( 2004 ) : Individuals may recover damages for violations of the Privacy Act when actual harm is demonstrated.

FAA v. Cooper, 566 U.S. 284 ( 2012 ) : Established that emotional distress caused by unauthorized disclosures of personal data may constitute harm.

Negligence and Fiduciary Duty Equifax owed a duty of care to consumers whose data it collects and stores. By neglecting basic cybersecurity protocols, Equifax breached this duty, causing direct harm to affected individuals like myself.

Damages As a result of Equifaxs actions and omissions, I have suffered the following damages : 1. Economic Damages : Costs of credit monitoring and identity theft protection services : [ {$340.00} ].

Expenses incurred to address fraudulent activity or inquiries related to my credit : [ {$550.00} ].

2. Non-Economic Damages : Emotional distress, anxiety, and reputational harm resulting from the breach and its potential consequences. [ {$50000.00} ] Per the Privacy Act of 1974, I am entitled to compensation for these damages, including statutory damages, actual damages, and reimbursement for associated legal and administrative costs.

Company response to consumer: Closed with explanation