So we all knew this was coming, but now the FTC makes it official: you’re not getting anywhere near $125 from the Equifax class settlement. FTC has clarified that there’s a limited pot of money for that part of the settlement, and based on the large number of claims, each person will only get a small amount.
FTC Blogpost | FTC FAQ #5 | Our Original Post on the breach
…the pot of money that pays for that part of the settlement is $31 million. A large number of claims for cash instead of credit monitoring means only one thing: each person who takes the money option will wind up only getting a small amount of money. Nowhere near the $125 they could have gotten if there hadn’t been such an enormous number of claims filed.
The $125 figure is based on 248,000 people requesting cash payment. Should one million people request cash, the number will be more like $30. Should ten million people request cash, the number will be more like $3. Etc.
The FTC blogpost posits that the credit monitoring option is much more valuable. They’ll even be sending out an email with the option to change over from the cash payment to the credit monitoring option instead.
Frankly, the free credit monitoring is worth a lot more – the market value would be hundreds of dollars a year. And this monitoring service is probably stronger and more helpful than any you may have already, because it monitors your credit report at all three nationwide credit reporting agencies, and it comes with up to $1 million in identity theft insurance and individualized identity restoration services.
For those who have already submitted claims for this cash payment, look for an email from the settlement administrator. They’ll be asking you for the name of the credit monitoring service you already have. Or, if you want to change your mind, you’ll have a chance to switch to the free credit monitoring. You can also email the settlement administrator, JND, at info@EquifaxBreachSettlement.
Truthfully, the monitoring might be more valuable. We don’t know how much the settlement will give each person, so it’s hard to gauge. They claim that their credit monitoring is “probably stronger and more helpful than any you may have already,” though I’m personally doubtful of that claim. The $1M in identity insurance is interesting – I believe some other companies have that as well, but I guess this would be an additional $1M of insurance should it come to that.
In the end, if it’s just $1-$5, I’d probably opt for the credit monitoring and insurance. If it’s more like $30, I’d maybe go for the cash. I like the transparency they’re coming out with, would be cool if they could add some sort of counter so we could know how many people opted for the cash settlement at the moment.
Another interesting tidbit found in the above text is that they’ll be asking for the name of the credit monitoring service you already have. I don’t know if that means they’ll try excluding free monitoring services (there’s no mention of that) or if they’re just trying to make sure people are being truthful that they do have some service.
One final note: this entire discussion revolves on the $125 or credit monitoring which anyone affected is eligible for. Separately, you can file a claim to be reimbursed for your time or expenses. Those come from a separate fund, and might not have limits or not have the same limits. More details in the original post.
Subj:Your Equifax Claim: You Must Act by October 15, 2019 or Your Claim for Alternative Compensation Will Be Denied
“You must either verify or amend your claim by October 15, 2019.
If you do not, your claim for alternative compensation will be denied.
• To verify your claim for alternative compensation, you must provide the name of your credit monitoring service that you had in place when you filed your claim.
– OR –
• You can amend your claim to request free credit monitoring instead of alternative compensation.”
I guess that is one way to weed out claims.
So they lost the data of 147 million customers and admitted no wrongdoing. Instead of suing them and bankrupting the company (why do we need three bureaus with the same data anyway?), the government let them settle for 380 million. That’s just about $2 per affected person. How reasonable does that sound already?
Then on top of that, the cash portion is only 31 million. The rest is the services Equifax provides so giving them in settlement is low/no cost to Equifax.
I think the only reasonable way to deal with this is to write Settlement Objection letters to the Court. If the Court receives enough of these, there may be a slight chance they will reject the settlement. That would mean there will be a hanging ax of another lawsuit, either class action or by the government.
Ah, delightful!! I have to admit, I’m 100% with Twitter user Crypti-Calli…
https://www.cnn.com/2019/08/02/tech/equifax-check-claim-change/index.html
Another trenchant article:
https://www.techdirt.com/articles/20190731/16235842691/ftcs-settlement-with-equifax-is-such-joke-ftc-is-now-begging-you-not-to-ask-cash-settlement.shtml
Shitty credit monitoring is worth $0 to me, therefore, even a penny would be more valuable.
I need some help — I’d really like to advise my customers which is the best option to guess the likely ROI–file in small claims vs monitoring vs $125 + time spent. But I’m going to need help before I do anything to advise anyone on my website or email blast, or even decide personally what I should do.
There must be more information available before anyone could make the best decision. Filing a suit is costly in time, trouble and costs. The amount depends on the judge, and already we should assume you’d win. By law, the damages you’ve suffered are all you are entitled to. So, if the judge can’t see the harm you suffered, this would not be much. Treble damages in some states might change the award. But this assumes it would be likely to collect treble, since you often have to prove gross negligence and that they “knew about and/or intended harm”.
It would be great it there’s a way to somehow collect the information on any court awards so far, and updated estimates of claim ##’s, given by the administrators. I’ve written to them already. So I will wait. Doc, I’d be thinking about a way to collect more formal information from us, as well as the casual comments we already have. Unfortunately, January 20th is coming too fast to get much data from any court actions by us.
What about the $250 you can claim for your time securing your credit? Is that limited too?
I am just getting the credit monitoring. Majority of cases like these the public walks away with a few bucks only. I hope they prove me wrong though.
Credit monitoring would be a good option if it were not from the same people who caused the breach in the first place!
Since it looks like I’ll get pennies on the dollar in compensation — thanks FTC for low-balling Equifax — I may switch to credit monitoring if they give me the option. Even if it is no better than the free credit monitoring options I use, who knows, maybe it might be useful.
Per an e-mail that Credit Karma sent out tonight in regards to the settlement:
Subj: First name: What to know about the Equifax settlement
“You need credit monitoring to claim the cash.
– Looks like you have monitoring through Credit Karma, so you’re all good.”
How much verification CK did with the settlement coordinator to announce their users as “all good” is yet to be seen.
$31 million divided by 147 million victims comes out to about 21 cents each. Postage would have cost them much more had they been required to notify everyone affected.
I was actually wondering about that… Did we ever get any actual mail on this breach? I knew about it because I spend way too much time on this site… but when the OPM breach happened, pretty sure I got a couple mailed letters and reminders. EQ just relied on the media to inform everyone and maybe an e-mail? How professional.