How To Sue Equifax in Small Claims Court

Suing Equifax featured in Money

In September 2017, Equifax reported a data breach that revealed the personal information of almost 150 million people. Sensitive information like social security numbers, addresses, birth dates, and driver’s license numbers were exposed, risking identity theft nationwide.

In order for those who were affected by the breach to receive a settlement, they can either join a class-action lawsuit against Equifax or submit a claim and file for a small claims court trial against them. If your personal information has been exposed and you want to file in small claims, there are ways that you can take Equifax to court. 

DoNotPay uses an AI-powered chatbot to assist you in filing a compelling case against Equifax in small claims court. This app for the iPhone and your web browser helps you write a demand letter, prepare court forms, and provides you a court script, so you know what to say during your hearing and are able to support your claim. All you have to do is let the app know what type of issue you’re filing, who you are suing, and your basic information, and DoNotPay will do the rest.

How suing Equifax in small claims court with DoNotPay works

Remember, no outcome is guaranteed in small claims court. Suing any company is a tedious, time-consuming process. DoNotPay is known as a “robot lawyer.” However, as stated in the company’s terms and conditions DoNotPay cannot sue anyone for you, but it can assist in giving you free scripts to use in court, and filling out important forms necessary for taking Equifax to the small claims court. 

To sue Equifax in small claims court using DoNotPay, follow these steps:

Download DoNotPay’s free app on the iPhone or on your web browser.

Make sure your issue qualifies for small claims court.

If you want to understand if your claim is suitable for small claims court, you need to know what your issue with Equifax is, and how much you are suing them for. In the case of the data breach, you will most likely want to sue Equifax for negligence. While using DoNotPay, the app will ask you what claim you’re trying to sue for, what type of court award you’re requesting, and how much money you demand in the settlement.

You can seek two types of awards in the small claims court. These awards are

  1. Equitable
  2. Monetary

Equitable awards compel a company to do, or not do a specific action, and generally aren’t available in small claims court. However, monetary, also known as legal awards are what small claims courts are for.

You can ask for amounts anywhere between $5,000 and $10,000 in most states in small claims court.

DoNotPay allows you to choose what amount you are suing Equifax for in every state. In California, DoNotPay helped someone earn over $9,000 in her settlement against Equifax for negligence. 

DoNotPay will generate a demand letter to send to Equifax

Small claims court requires that you try to settle your issues without going to court via a demand letter sent to the person (or company) that you are trying to sue. A demand letter describes the explanation of your issue, why the company owes you money, and a statement that says that if you fail to be satisfied, you plan to go to small claims court. This letter shows your true intent to sue Equifax. Demand letters can initiate a successful result in as much as 33% of potential disputes

Upon providing your information to DoNotPay, the app will ask you a few questions to fill out the information in your demand letter. If you want to sue Equifax in small claims court, you will need to send them a demand letter generated by DoNotPay first. 


Writing a convincing demand letter on your own can be a difficult, time-consuming process. DoNotPay will generate a compelling demand letter on your behalf, using the information you provided to increase your chance at winning your claim against Equifax. Once the app notifies you when the demand letter is complete, download, print, and send it to Equifax via registered mail. You can send the demand letter to:

 

EQUIFAX INC.

  1. Lisa Stockard
  2. 1550 Peachtree Street, NW
  3. Atlanta, GA 30309

If you still want to undergo the tedious process of writing a demand letter on your own, remember to include a list of the losses and damages that you have suffered because of the data breach. Ensure that you have documents that support your claim and show that the award you are seeking is sufficient for your issue. Here are some additional tips on how to write an effective demand letter. Note that these tips do not include a complete template to create a compelling demand letter like DoNotPay does. 

Remember, as many as one-third of demand letters can initiate a successful resolution.

Time Complexity
With DoNotPay DoNotPay makes filing your claim quick and easy.  All you have to do is answer a few questions and fill out your basic info.
Without DoNotPay Filling out forms on your own can be exhausting, and take hours of your time. Creating a convincing argument can take some time to prove your true intent.

 

DoNotPay will fill out required court forms

Court forms are specific to every state. DoNotPay collects the correct forms for your location and fills all of them out for you. Most states require that you have multiple copies of the forms to file in court. If you do not have the necessary amount, your case may be dismissed. DoNotPay ensures that you have the right amount of completed court forms to download and print.

DoNotPay will help you file your forms with the court

After you’ve completed your court forms, you will need to deliver them to your local courthouse where a court clerk will assist you in filing your claim. 

Remember:

  • You need to file your claim in person. Forms will not be accepted if they are delivered to the courthouse via mail.
  • All courts in the United States require a filing fee of anywhere between $30-$75 before they can allow you to sue Equifax in small claims. This fee can be waived if you sign a fee waiver.

When you’ve successfully filed your court forms, your court clerk will give you a stamped copy of your forms with your assigned court date. Make sure you store them in a safe place, and remember that you need to bring them on your court date.

“Serve” your forms to Equifax

At this step, you need to deliver your filed court forms to Equifax. You can deliver your forms in person to an Equifax agent, or you can mail them to the company via registered mail. Registered mail provides proof that your forms got to Equifax. If you mailed all of your forms to the incorrect address, the court clerk will say that your forms are undelivered, meaning that you need to re-send your court forms to the address above.

Your claim against Equifax can be dismissed if you do not file your forms correctly. This is another area DoNotPay can assist you with.

Show up to your court date against Equifax

When you receive a court date, make sure to schedule it on your calendar. If you do not show up on your small claims court date, the court can dismiss your trial without prejudice, meaning that you might need to refile your case again within the statute of limitations. 

Claim preclusion, also known as red judicata, is a legal term to describe that a pending lawsuit may not go to the hearing from a judgement occurring before the claim goes to court. Claim preclusion could be something you encounter when trying to sue Equifax.

Additionally, suing a big company is a risk, because there is a fear that your case may be appealed even after winning a dispute in small claims. But this shouldn’t stand in your way art a chance to receive a settlement from Equifax in small claims court, and DoNotPay can help your chances too.

 

DoNotPay can prepare you a compelling script to read during your trial against Equifax. If you’re suing Equifax, DoNotPay’s generated script will let you know how to identify the elements of your claim, and what to say if an Equifax agent misses your court date. This script also has a court strategy to follow in order to make sure your issue is heard with clarity and purpose.

In small claims courts against big companies, you will need a substantial amount of evidence that will support your claim. DoNotPay will let you know what type of physical proof or documentation you should bring to court.


DoNotPay has had success in helping people beat Equifax. With free nationwide help, you can have a higher chance at suing Equifax in small claims court in little time with little hassle.

Sue Equifax for negligence

Suing Equifax for negligence in small claims court will allow you to receive a settlement for your personal information being exposed. Over 143 million other people are affected by Equifax’s data breach, and you have every right to a hearing because of the risk of identity theft revealing your private information can cause.

Gross negligence describes the lack of care for the safety of others. Equifax’s data breach can qualify for this claim in small claims court because your identity could be stolen with your personal information exposed.

In 2018, a librarian from Vermont sued Equifax for gross negligence in small claims court and won $600 from the lawsuit. If you choose to sue Equifax using DoNotPay in small claims, you will be able to do it hassle-free, while also having a great chance for a cash settlement.

If you’re suing Equifax for negligence, remember that you will need evidence to support your claim. Evidence of negligence can include: 

  • proof your information was exposed
  • credit score changes after the breach
  • documentation showing lost funds from identity theft.

Sue Equifax for data breach

If you want to sue Equifax for data breach, you need to know if your personal information was revealed through this look-up tool. If your information has been exposed, you can file a claim against Equifax in small claims court, or file as part of the class action against Equifax in federal court.

 

If you’re looking to sue Equifax in small claims court, you can download DoNotPay on iPhone or use it directly in your web browser to make filing your claim quicker and easier. DoNotPay can generate your demand letter, complete your court forms, and prepare a script for your hearing. DoNotPay will also make sure that you bring every piece of proof of your claim to court by the time of your hearing.

Equifax class-action lawsuit

In November 2017, plaintiffs sued Equifax in a nationwide class action lawsuit for the breach of consumer information. You can file a claim in Equifax’s class action lawsuit, and the deadline to file a claim is January 22, 2020. 

If you want a cash settlement from Equifax, the best option for you is to sue Equifax in small claims court. Some successful small cases against Equifax have won thousands of dollars in settlements.  

What else can DoNotPay do?

DoNotPay can take the quesswork out of other legal battles such as:

To summarize

You can sue Equifax in small claims court with the assistance of DoNotPay. Many have sued Equifax in small claims over its data breach in 2017.
Suing Equifax with DoNotPay’s assistance is quick and easy.  DoNotPay can help you complete a demand letter, and file court forms for your small claims trial against Equifax.
You can sue Equifax for negligence in small claims court. Remember to gather as much substantial proof as possible to support your claim.
People have sued Equifax after its data breach. You can sue Equifax in small claims court, or you can join the class-action lawsuit against the company.
There is a class-action lawsuit against Equifax since its data breach. The class-action lawsuit doesn’t issue any cash settlements to whoever takes part in it.
DoNotPay can also assist with other legal battles.  This includes beating parking tickets, contacting customer service, and getting an appointment with the DMV faster. 

 

Resources

  1. https://www.hg.org/legal-articles/equifax-data-beach-can-they-be-sued-for-negligence-45087
  2. https://litigation.findlaw.com/legal-system/what-is-the-difference-between-a-legal-and-equitable-claim.html
  3. https://litigation.findlaw.com/legal-system/what-is-the-difference-between-a-legal-and-equitable-claim.html
  4. https://www.nolo.com/legal-encyclopedia/tennessee-small-claims-court-32193.html
  5. https://www.nolo.com/legal-encyclopedia/small-claims-suits-how-much-30031.html
  6. http://money.com/money/5265909/free-app-sue-equifax-hack/?fbclid=IwAR1VQ53fNwp2L1AuVGlUcS7XYpj-_jMUhxKKg9yaH1tkr7d9WwrXK0JrMKI
  7. http://money.com/money/5265909/free-app-sue-equifax-hack/?fbclid=IwAR1VQ53fNwp2L1AuVGlUcS7XYpj-_jMUhxKKg9yaH1tkr7d9WwrXK0JrMKI
  8. http://www.businessdictionary.com/definition/demand-letter.html
  9. https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter6-4.html
  10. https://www.hg.org/legal-articles/how-to-write-an-effective-demand-letter-31050
  11. https://www.courts.ca.gov/9743.htm
  12. https://www.courts.ca.gov/selfhelp-feewaiver.htm
  13. https://faq.usps.com/s/article/What-is-Registered-Mail
  14. https://www.levelset.com/blog/preliminary-notices-returned-undelivered/
  15. https://www.tippecanoe.in.gov/841/Default-Judgment
  16. https://www.law.cornell.edu/wex/res_judicata
  17. https://finance.yahoo.com/news/people-successfully-suing-equifax-almost-10000-app-193607932.html
  18. https://www.law.cornell.edu/wex/negligence
  19. https://www.law.cornell.edu/wex/gross_negligence
  20. https://krebsonsecurity.com/2018/06/librarian-sues-equifax-over-2017-data-breach-wins-600/
  21. https://www.enjuris.com/blog/questions/determining-negligence/
  22. https://eligibility.equifaxbreachsettlement.com/en/Eligibility
  23. https://topclassactions.com/lawsuit-settlements/lawsuit-news/826314-equifax-data-breach-class-action-filed-behalf-nationwide-class/
  24. https://www.stitcher.com/podcast/james-paris/jim-paris-live/e/63475980