Should we take the settlement in the Experian data breach?

January 19, 2019 1:03 PM

We got a notice that we're affected by Experian's exposure of T-Mobile customer data. Is there any reason to pass on the judgement / settlement / whatever it is?

This website they linked to appears to be legitimate. We already pay for credit monitoring, so we'd just take the piddling cash settlement.

But there's a part of me that feels by accepting this, I'm accepting the system that allows companies to continue operating after this sort of thing happens. I'd rather see a system where exposing the private data of tens of thousands of people, let alone millions, would shutter a company for good. But if I turned down the money, what would I even do to move things in that direction? Am I passing on a chance to nudge the system? I suspect there's nothing that I can realistically can do but thought I'd ask.

posted by Tehhund to Law & Government (4 answers total)

Well, I mean, by opting out of a settlement you are retaining your right to sue the company. But the class action lawyers who brought the case have already brought the big lawsuit. Are you planning on bringing your own?

You can also, without opting out, object to the settlement. Follow the directions on the website and write to the judge and tell him/her what you're thinking. The judge will have to read your objection and take it into account when deciding whether to approve the settlement.

Then robustly support your local AGs and, when the Ds are back in power, demand strengthening of the FTC. That's the system that's supposed to be taking care of these problems. It's entirely inadequate but it requires collective action to improve.
posted by praemunire at 3:48 PM on January 19, 2019 [6 favorites]

I say take it. Otherwise, eventually they get that money back. Even if they send you a check for $1.12, deposit it!
posted by amanda at 7:27 AM on January 20, 2019 [2 favorites]

Whatever you decide, take the hint and do what needs to be done to practice good cyber-hygiene. A password management app is your friend. There are good ones for all platforms.
posted by qurlyjoe at 8:11 PM on January 20, 2019

Best answer: I'm a member of NACA. I'm not your lawyer, nor am I licensed in your jurisdiction, but I do know a fair bit about these issues—so while I can't speak to your individual circumstance, I can confidently say that most consumers who join in these kinds of settlements aren't passing on any kind of chance to "nudge the system" in any appreciable way.
posted by cribcage at 11:19 PM on January 20, 2019