Skip to Main Content

Insight

09/15/2017
Holland & Hart News Update

Equifax Removes Arbitration Clause; Confirms No Credit Card Required for Free Credit Monitoring Service

By Claire Rosston, Co-Author

In our alert earlier this week, we cautioned that there were concerns with the arbitration clause in Equifax’s Terms of Use for its one year of free identity theft and credit monitoring services, TrustedID Premier, offered in response to the recent cyber breach.

There are two new developments:

First: In response to considerable consumer uproar, Equifax has removed the arbitration provision. You can now enroll in the free service and preserve your right to participate in a class action against Equifax if your personal information was compromised. Enroll on the Equifax website.

Second: Many consumers were concerned that although the first year of the TrustedID Premier service was free, Equifax would require a credit card for enrollment that would be charged after the first year of complimentary use expired. Equifax has confirmed it does not require credit card information as part of the enrollment process.


This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author(s). This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.

DISCLAIMER

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.