Legal Questions? / Legal Answers!
The Equifax Breach. What You Might Need To
Know
"This data breach from Equifax may affect
a lot of us here in Maine. I thought we all
might wonder what Maine Law says about Equifax's
obligation to lets us know personally, if
a breach happen to any of us. Turns out they
do! A class action lawsuit will no doubt
happen soon enough. If your on the list,
you'll be contacted and asked to either sign
off, or accept a check. see: Class Action Law Suits"
MAINE LAW on electronic data breaches: requires
people who maintain computerized personal
data (such as SSNs, Drivers license or state
ID numbers, Account, credit and debit card
numbers) who become aware of a security breach
to "conduct in good faith a reasonable and prompt
investigation to determine the likelihood
that personal information has been or will
be misuse."
Certain NOTIFICATION requirements for Customers:
Any other business maintaining personal info
must notify residents whose personal data
has been misused or it is reasonably possible
that it may be misused. These notifications
must be made "as expediently as possible and without unreasonable
delay." but you should consult with law enforcement
if a criminal investigation is opened to
make sure the notice won't interfere with
the investigation.
"This breach happened late July and
not announced until Sept. 9th. In my investigation
I noticed Maine did not give a time limit
but instead listed it as "reasonable
and prompt investigation". Most other
states give a 7 day notice after determining
a company had been breached. Selling Identify
Theft Protection is what Equifax does! It's
what they sell and now will give it to you
(if your affected) for FREE. I do not believe
the Maine AG is going to allow them to skate
on this.
If your name is on the list and they contact
you as their are supposed to, you should
be automatically part of a class action lawsuit.
Consumer reporting agencies aka Credit Bureaus
(Equifax, Experian, TransUnion). If a breach
requires notice to more than 1,000 people,
the business has an obligation to notify
the credit bureaus.
Maine law not only authorizes the placement
of a fraud alert, but also permits consumers
to "freeze" their credit reports.
"So what does this mean for you here
in Maine?? Well the link below will take
to to a pdf that will show you steps, on
how to freeze and unfreeze your credit report."
Maine Freeze and Unfreeze Instructions
Wait!... In case you'd like to know if your on any
other breach list in Maine. The Excell link
below shows all breaches in Maine. If you
find your on the list, but was never notified,
you may want to investigate as to why.
Maine Data Breach Notices (Excell)
If you would like to comment feel free to
e-mail me at
smtracy8@gmail.com
My Final Thought...
"BTW - Last year at my summer party I rented a bounce house and a waterside and put both on my Discover card. I took them back on Monday and an hour later received a call from my Discover card company asking me if I was using my card in Penn. Of course not. They just saw that I return those balloons and got credit for the downpayment on my card. They then noticed I was now in Penn getting gas and called me. The excell link has a lot of Discover breaches.
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