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Equifax Data Breach Class Action Lawsuit Overview:
- Who: Lawyers representing British consumers have asked the high court to grant class action status to the Equifax data breach lawsuit.
- Why: They say consumers have experienced such significant distress due to the data breach to warrant group claims for compensation.
- Where: The Equifax class action lawsuit is pending in High Court of Justice of England and Wales.
Lawyers representing a proposed class of thousands of British consumers have argued for class action status to pursue data breach claims against Equifax.
The lawyers argue that the consumers’ claims for distress are not barred based on a landmark privacy ruling that would prohibit group claims.
Oliver Campbell QC, who represents the putative class, told the High Court that consumers affected by the massive 2017 Equifax data breach were significant enough to make them eligible for compensation under UK data protection laws.
The consumers’ lawyers are seeking a group litigation order that could allow as many as 10,000 consumers to join the proposed Equifax class action lawsuit, which says the consumer reporting agency failed to adequately safeguard their sensitive data.
As a result of the Equifax data breach, consumers’ personal data may be available on the dark web, putting them at risk of identity theft and fraud. Campbell says scammers can use this data to target individual victims, causing them to experience significant distress as they are bombarded with spam emails.
Nearly 1,000 consumers have reportedly already signed up to join the Equifax class action lawsuit. Consumers who wish to join the UK Equifax data breach claim can learn more here.
UK Privacy Class Action Lawsuits Must Overcome Heavy Burden
The UK Supreme Court ruled in Lloyd v. Google that consumer claims over loss of their data must be significant enough to make them eligible for compensation. Equifax’s lawyers argue that this landmark ruling prohibits data breach class action lawsuits because each individual claimant would have to prove how much compensation they are entitled to receive.
However, Campbell told the court that the Lloyd v. Google decision does not bar claims for distress pursuant to the 1998 Data Protection Act even when consumers did not actually lose money.
The individual claims within the proposed Equifax data breach class action lawsuit are estimated to range from £750 to £3,000 each. Campbell argued that handling their claims together as a data breach class action lawsuit will save time and money.
Equifax Faces Stiff Penalties Over 2017 Data Breach
Equifax has faced significant penalties in the wake of the 2017 cyberattack that affected the data of up to 15 million UK citizens. The Information Commissioner’s Office reportedly found that the data breach exposed personal information such as names, birthdates, addresses, passwords, driver’s license numbers and financial information.
The data watchdog imposed a £500,000 fine on Equifax for failing to safeguard consumer information.
In the United States, Equifax agreed to settle a data breach class action lawsuit for $425 million. Class members in the United States have until 22 Jan 2024 to file a claim for the Equifax data breach settlement.
Were you affected by the Equifax data breach? Tell us your story in the comments below!
The claimants are represented by Oliver Campbell QC of Henderson Chambers and Gareth Shires and Trudi Moore of Exchange Chambers, instructed by keller Lenkner UK.
The Equifax Data Breach Class Action Lawsuit is Bennett and others v. Equifax Ltd., Case No. QB-2021-000266, in the High Court of Justice of England and Wales.
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