Tristan Sherliker

To get the case off the ground, the court will decide whether Equifax can be sued in the first place – it’s tricky, because different federal circuits disagree about when this can happen. So, courts in Delaware, Illinois and Washington DC (for example) would allow the plaintiffs to proceed merely because their data is at risk after a hack. This is pretty easy to show. On the other hand though, New York, Conneticut and North Carolina would need to see not just a leak, but that the leaked data has actually been misused afterwards. Equifax HQ is in Atlanta, the 11th circuit. Although those courts have a history of recognising that difficulty (and so supporting data victim lawsuits), it hasn’t yet come down firmly on the question of risk vs misuse.