Also, taking a photo of yourself during a court hearing to post on your blog promoting your company is probably not a good idea considering photography is banned and it can get you charged for contempt, even after the fact.
Update: Author has taken the photo down, although it would be nice for him to provide an update to his readers saying as with all small claims cases, the judgement is suspended for 30 days and as such, he didn't actually win anything yet.
2018-01-31 CASE_TRANSFERRED TO SUPERIOR COURT, RECORD AND EXHIBITS TRANSFERRED
2018-01-30 NOTICE OF APPEAL FILED BY APPELLANT EQUIFAX CREDIT INFORMATION SERVICES, INC MAILED TO RESPONDENT HAIGH, CHRISTIAN G.
2018-01-30 SUBSTITUION OF ATTORNEY-CIVIL AS TO PLAINTIFF HAIGH, CHRISTIAN G.
I mean, it's definitely costing Equifax more than $435 to "fly a team of corporate lawyers" to some city. The optimal strategy would be to show up for that hearing. Win, or draw, the whole thing is costing Equifax more than it's worth. Which is what makes me suspect that it's made up. Equifax is evil, not dumb.
If the profits from this sale aren't enough to cover the liabilities, then their business model is fundamentally flawed.
In another world you wouldn't even be allowed to see your number. It's not like similar agencies -- fraud detection, ad firms, social networks, spam blacklists, etc. -- let you see the profile they've built about you.
They're a for-profit company in the business of selling data, the fact that you're in the market for you own profile, to me, seems immaterial. The only reason you're required to be able to view your report once a year for free is to correct mistakes.
I do not care at all that they're a "for-profit company." I don't believe they should be able to profit on my data without allowing me to see it, and make corrections as needed.
Might be an insight into what happens when Equifax appeals.
Either way, thanks for the article, because even though it's been many months since the breach, the effects are still being felt; I'm sure by more than just myself.
That'd be Equifax, Experian, and Transunion. You can also freeze your credit at Innovis to get all four.
The freeze will require them to contact you before doing anything. The alert doesn't do much in practice (from the people I know who've had it) - it's just ignored.
This may be the pragmatic approach, but it's also why these companies still exist.
At risk of being too blunt - fuck that shit. I will spend thousands before I give them a dime of my money. I have zero business relationship with them, and I consider such crap absolute extortion. The world is a better place without credit rating agencies. Heck, I remember a point in time where it was questionable whether these companies were even legal to begin with. So far have we fallen.
These are things people should be getting violent about.
I want to avoid giving them money but Equifax handles my W2 for some reason.
Identity thieves prize the W-2 and payroll data held by companies like TALX because they can use it to file fraudulent tax refund requests with the IRS and the states on behalf of victim consumers.
Fraudsters reset customer PINs by answering simple "knowledge-based authentication" questions.
Naturally many of the answers to these questions are in the data leaked by the credit reporting division.
 Fraudsters Exploited Lax Security at Equifax’s TALX Payroll Division https://krebsonsecurity.com/2017/05/fraudsters-exploited-lax...
In my case, a few years ago: ADP double-debited our $250K IRS payroll tax deposit from our payroll account (pro tip: never allow third parties to make automatic withdrawals from your main bank account -- use a dedicated account you top up as needed). This would have caused employees' paychecks to bounce except my bank kindly called me first and I was able to move money across.
ADP didn't care: their position was they had sent the money to the IRS; I could get a credit from the IRS next quarter and it was none of ADP's business. I finally got through to the head of the nor cal region. Not only was he unsympathetic, he complained, "I don't know why you insist saying we 'took' your money -- we don't have your money, the IRS does. We didn't take anything, we don't even have much of a bank account." So I decided to agree with him: "You're right, I shouldn't say that. The correct term is 'felony grand larceny.' If the money isn't back in my account by the time the fed wire closes I'll take it up with the Santa Clara County Sheriff." (By that time it was about noon, so they only had about an hour to get their act together, having frittered away all morning with call centers and intransigence).
Remarkably, the F500 company that had "no possible way" to send me my money was able to get the $250K to me within the hour. They do not want to deal with the local sheriff.
He got a judge to sign off on the sheriff assisting in collection. The client was about to be a proud owner of the servers run by the bank.
When the sheriff arrived, the bank manager immediately called their attorney to call the client's attorney (my friend) and tell him they're writing a check.
Sometimes companies just need a bit of persuasion.
I've always wondered what happens if you say too bad so sad, you had your chance - I don't believe you that the check is "in the mail". Will the Sheriff still let you collect assets?
If so, I'd absolutely cause them as much pain as possible. Typically in these cases you've already lost tens of thousands of dollars in legal fees and lost time, so the goal isn't recovering your money - it's simply extracting as much pain as possible.
When I went to small claims the first thing the judge did was make everybody talk to their opponent in the hope that they would just find a settlement and save the judge's time.
Absolutely do not do this. Go to the police station (edit: court) first, with the court order, and explain your need for armed escort.
* Cops and Sheriffs are completely different.
A fee? Isn't it their job to help enforce the law, being law enforcement officers?
Just like police officers at a concert aren't staffed for free, even though their only purpose is to enforce the laws and/or facilitate traffic. You could argue that enforcing those laws and facilitating that traffic is their job, but those putting on the concert are creating the need for extra law enforcement and want them on hand, so they have to pay.
I believe that here in the UK, the police will either decide you deserve an escort and provide you with one, or decide you don't need one and refuse to provide one.
I could be mistaken, but I believe bailiffs are essentially expected to take on the risk and confrontation as part of their job, a bit like ticket-inspectors on trains, or the folks that tow away illegally parked cars from privately owned car parks.
The police can and do charge for special policing of public events, though - http://www.npcc.police.uk/documents/finance/2015/NPCC%20Guid... , http://www.isanuk.org/wp-content/uploads/2014/04/ISAN-Guidan...
See Bank of America: https://www.npr.org/sections/thetwo-way/2011/06/06/137002727...
i'd also worry about removal to federal court and consolidation - now that a judge has actually raised a federal question about the fcra
I went to small claims myself once and it was about as easy as he describes. You don't need his service.
You mean like every disclaimer since the invention of disclaimers? I'm fine with that, the author might know what he's talking about (though he did mention he's spent less time in court than I have) more than some random person who's experience might not map well to mine.
> Tell us about your lawsuit, including the court, case number, and who your attorney is. If approved, we cover all your legal costs, including attorney’s fees, deposition costs, and working capital for your business. The only time you repay is if your lawsuit successfully resolves. We’re in this together.