This class action has been certified, but there is no settlement and no claims process yet.
Equifax Data Breach Class Action
Reviewed by Marty Mikhail, Barrister & Solicitor with Quinn Thiele Mineault Grodzki LLPLast verified How we verify
What this lawsuit alleges
The lawsuit alleges that Equifax Canada Co. and Equifax, Inc. were negligent in setting up and running their cybersecurity systems, leaving known weaknesses unfixed, storing sensitive personal information without encryption, and failing to detect or stop a 2017 data breach that allegedly exposed the personal information of thousands of Canadians. It also alleges Equifax was warned about the problems but chose not to fix them while telling customers and the public that its cybersecurity was strong. The claim further alleges Equifax breached privacy and consumer protection laws and broke contracts with subscribers of its credit monitoring products, including Equifax Complete Advantage, Equifax Complete Premier, and Equifax Complete Friends and Family. None of these allegations has been proved in court.
Who the class includes
The certified class covers people in Canada in three groups: those whose personal information was accessed by hackers in the data breach (defined as the intrusion into Equifax computer systems from May 13, 2017 through July 30, 2017) but who did not buy an Equifax subscription product between March 7, 2017 and July 30, 2017, those who bought an Equifax subscription product between March 7, 2017 and July 30, 2017 but whose information was not accessed, and those who fit both descriptions. Subscription products include Equifax Complete Advantage, Equifax Complete Premier, Equifax Complete Friends and Family, and other Equifax products offering credit monitoring and identity theft protection.
Do I need to do anything right now?
Generally, no. A claims process opens only once a class action is certified and a settlement is approved. Class members are usually included automatically unless they opt out at that stage.
Get notified if claims open
Leave your email and a short note goes out when something major happens in this case: the certification decision, a settlement, or the end of the proceeding, and a notice if a claims process ever opens. Nothing else.
What happens next
- Filed
- Certification
- Resolution
- Claims process
The Ontario court has certified the case as a class action, which means it may proceed on behalf of the class, but certification does not decide who is right. The next steps are the litigation itself, which could end in a trial, a settlement, or a dismissal. Timelines are uncertain and cases like this often take years. There is no claims process yet, and one would only open if a settlement is later reached and approved or the class wins at trial.
Case background
This case is about a 2017 data breach at Equifax, a company that collects credit information and sells credit monitoring products. The lawsuit alleges that hackers got into Equifax computer systems between May 13, 2017 and July 30, 2017 and accessed the personal information of thousands of Canadians. The claim says Equifax knew about specific security weaknesses, including the one the hackers used, but did not fix them, stored sensitive information without encryption, and failed to detect or stop the intrusion, all while telling the public its cybersecurity was strong. The plaintiffs seek money for the class for the alleged invasion of privacy, fraud and identity theft, harm to credit scores and reputation, the cost of credit monitoring, refunds of what subscribers paid for Equifax credit monitoring products, general damages for psychological distress, and punitive damages. The Ontario Superior Court of Justice has certified the case as a class action, but certification only means the case may go forward as a group lawsuit. Nothing has been proved and no settlement has been reached.
The proceeding
The court filing behind this class action.
Alina Owsianik v. Equifax Canada Co. et al.
CertifiedOntario Superior Court of Justice · CV-17-00582551-00CP
Filed
Filed by Sotos LLP
Who filed the lawsuit
- Sotos LLP
Common questions
Do I need to do anything right now?
Usually no. The case has been certified but there is no settlement and no claims process, so most class members do not need to take any step at this stage.
Is there any money available to claim now?
No. The case is still being litigated and no settlement has been reached, so there is nothing to claim right now. Money could become available only if a settlement is later reached and approved or the class succeeds at trial.
Who is included in the class?
The class covers people in Canada whose personal information was accessed by hackers in the 2017 Equifax data breach, people who bought Equifax subscription products such as credit monitoring between March 7, 2017 and July 30, 2017, and people who fall into both groups.
What has to happen before a claims process could open?
The case has already been certified, so the next steps are the litigation itself. A claims process could open only if the parties reach a settlement that a court approves, or if the class wins at trial. Neither outcome is certain.
When might this case be resolved?
There is no set timeline. Class actions like this often take years to resolve, and the outcome is uncertain.
Source documents
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This action has been certified, which makes it officially a class action, but there is no settlement and no claims can be filed. I'm following this proceeding and will add this case to the class action tracker if a claims process opens.