Class Action Commenced
Against Equifax Over Security Breach
September 13, 2017
An Ontario resident has
started a proposed class action in the Ontario Superior Court of
Justice, seeking $550 million in damages on behalf of Canadian
victims of a massive cybersecurity privacy hack of the consumer
credit reporting agency Equifax.
Equifax issued a press release on September 7, 2017, in which it
disclosed that criminals exploited a U.S. website application
vulnerability to obtain Social Insurance Numbers, dates of
birth, names, addresses, credit card numbers and other personal
identifying information of millions of U.S. consumers and an
undisclosed number of Canadians. Equifax set up a dedicated
website to provide information to US customers who may have been
affected, but there is no way for Canadians to identify if they
“The scope of the privacy breach is unlike virtually any other
previous breach” explains Sotos Partner Jean-Marc Leclerc.
“Retailers typically do not store information about social
insurance numbers, or track bills, or keep records of items
purchased with credit. Equifax does. Fighting identity theft
takes years, during which a consumer’s ability to obtain
anything with credit is compromised: purchasing a house; renting
an apartment; or obtaining a credit card or line of credit, for
of the date of issuance of the claim, Equifax has failed to
provide any information to Canadians affected by the breach.
Therefore, the proposed class action seeks an order from the
Court requiring Equifax to notify Canadians who have been
The proposed class action includes all residents of Canada whose
information was stored on Equifax databases and was accessed
without authorization between May 1, 2017 and August 1, 2017.
The statement of claim alleges, among
other things, that Equifax breached its contract with class
members as well as their privacy rights, was negligent in
handling their information, and breached provincial privacy
Sotos LLP represents the plaintiff.