Equifax might very well come to regret the push against class actions.
Like many plaintiff attorneys, I offer consults to people who want to represent themselves in small claims court to advise you about how to best present your case and increase your chances of winning it. (Note these are paid consults, not free.)
PEOPLE ARE TAKING EQUIFAX TO SMALL CLAIMS COURT AND WINNING
Months after the Equifax data breach, consumers are taking the Atlanta-based company to small claims court — and winning. . . .
One of the plaintiffs, Christian Haigh, decided to document his case against the company because, like around 148 million other Americans, he was affected by the breach. Haigh, who is co-founder of litigation finance startup Legalist, wrote a couple of blog posts about the experience.
He said that although he had a business interest (his company was offering to pay the court fees for small claims litigants on a contingency basis) he was also acting as a duped consumer.
“I also filed my own lawsuit against Equifax, half expecting to have my case dismissed, and half expecting Equifax to not even show up. In fact, Equifax did appear,” he writes. Going toe to toe with Equifax’s representative in front of a judge, Haigh won $8,000.
He said that Equifax successfully filed to delay the lawsuit in an attempt to get similar cases lumped into one court session. On court day, 12 of them were supposed to present their respective cases during the one-hour session, but seven of them were no-shows.
Haigh, who admitted that he had never set foot in a courtroom before, despite having a law-oriented company, said that he came to court that day prepared to do battle. . . .
End of story, right? Not so fast. Equifax filed an appeal, according to a second blog post Haigh wrote. This time, they brought high-powered lawyers. Not only was the vice president of Equifax’s legal department there, but among the suits was an attorney from big-time law firm King & Spalding, known to charge clients more than $1,000 an hour. . . .