Open Access. Powered by Scholars. Published by Universities.®

Legal Remedies Commons

Open Access. Powered by Scholars. Published by Universities.®

Organizations Law

Brooklyn Law School

Journal

Equifax Data Breach; Sensitive Information; Information; Personal Information; PII; Personally Identifiable Information; Data; Private Data; Data Breaches; Data Breach; Consumer Class Actions; Class Actionl Arbitration; Victim Recovery Fund; Remedy; Consumer Data Breach

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Full-Text Articles in Legal Remedies

The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny Oct 2018

The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny

Brooklyn Journal of Corporate, Financial & Commercial Law

What happens when one’s sensitive information falls into the wrong hands? With the twenty-first century’s advancement of technology comes the increasing problem of data breaches wherein sensitive information is exposed. On September 7, 2017, Equifax, one of three major United States credit reporting agencies announced one of the largest data breaches in the history of the United States. The data breach affected approximately 145 million consumers and subsequently a wave of consumer class actions followed. This Note clarifies why class action lawsuits and arbitration are not viable legal remedies for massive data breaches where entities like credit reporting agencies are …