That ain’t workin’ that’s the way you do it
Money for nothin’ and chicks for free… ~ Dire Straits (“Money for Nothing”)
We’ve all heard Dire Strait’s old song “Money for Nothing” and that’s what monetizing web traffic is like for website owners. Publishers like NYTimes do it to stay alive as do behemoths like Amazon to generate additional revenue. So can we blame Equifax for wanting to make some do-re-mi off the tens of millions of new website visitors coming to their site? (cue the crickets…)
Equifax visitors, who wanted to determine if they were affected by breach, were led to the page above. Clicking on Free or Discounted Credit Report is how Equifax visitors would get served 3rd party malware. Not Equifax’s system, sure – but it’s definitely because they wanted to monetize that traffic. For those reporting Equifax’s line about “not our system that was hacked,” is similar to casting blame on Apache Struts for its issue. Let’s put on our thinking caps, shall we?
The Equifax hack news of the day seems unbelievable. After all the beating that the company and its ex-CEO has taken, you’d expect that it would have its act together by now. Right? Not so fast… On closer inspection, today’s news is predictable-–once you understand that problems will continue for Equifax as long as it has the same corporate mindset that led to the mammoth breaches of May-July 2017.
A closer look at the latest hack…
The problem starts from the fact that Equifax apparently uses a 3rd party, FireClick, as its provider for hosted application service. The purpose of using FireClick is to collect and store Web analytics re usage and data for its clients, like Equifax.
BTW: If you try to visit FireClick’s site right now, don’t bother. It’s apparently a defunct company still listed as a wholly owned subsidiary of Digital River:
The issue stems from how Digital River/FireClick integrated its ad network, including bad adware (i.e., Adware.Eorezo) in tracking, collecting and reporting Equifax’s site activity. To boil this down to the most basic terms:
- The unsuspecting consumers visit Equifax’s site
- When wanting to get details on Equifax’s Credit Report Assistance,
- The visitors are prompted to complete a form on a separate page—NOT on the original Equifax website. This is where the third party ad network comes into play. This is why Equifax is crying, “Not our system!”
- Of course, most unsuspecting visitors will proceed to fill this out and then get a prompt to download Adobe Flash Player.
- Once downloading this malware, voila! The website visitor’s machine is the happy new home of the newly acquired malicious program(s) (e.g., spyware, ransomware, etc.)
As with the Equifax breaches, one can always point to a third party (Apache struts for the May – July 2017 breaches). But the brutal fact is that the buck needs to stop with Equifax. For those naysayers who want to say that class actions don’t help, I will direct them to the Anthem Data Breach settlement terms, which requires Anthem to spend tens of millions of dollars and subject itself to security audits for years. As a class action attorney, you can bet that one of my major goals is to have Equifax (and hopefully all credit reporting agencies) subjected to external, rigorous security standards. And, as with my other data breach cases, I will fight for my clients tooth and nail (they’ll speak to you, if you are still incredulous).
A key takeaway for consumers for now (& especially for my many Equifax clients) – you are wise to steer clear of websites that Equifax and its competitors direct you to for now.
P.S. Check out Digital River’s site below. Yep – they claim that they are the “Industry Leading (sic) Fraud Prevention.” #Irony
A Seattle law firm is announcing a class action lawsuit against Equifax after a data breach exposed information of 143 million customers.
Posted by KING 5 on Tuesday, September 12, 2017
The Equifax data breach has sent shock waves like we’ve never seen before. Some consumers are only now starting to realize the lasting damage and harm that this breach will have on their lives. Thank you for all of your calls and emails. Please continue to send concerned family, friends, co-workers to us at Equifax@Stritmatter.com. Yes – we have heard from folks from New York, Florida, Virginia, Arizona, California, etc.– a former employee of Equifax, data privacy experts, and reporters who are trying to separate fact from fiction.
I promise to write more soon, as I continue to try to respond personally to as many emails/calls as I can. But please let me address one pesky fiction that occasionally rears its head on corporate-leaning media outlets and individual’s social media posts: A class action against Equifax will address a deep-rooted systemic problem that puts all of us at risk. I cannot speak for all lawyers. But please think twice before rushing to judgement against those of us who are committed to advancing consumer rights. I will point to our work in the massive Anthem data breach litigation: Significantly, as a result of the Anthem settlement, a team of us have helped all affected from the breach by holding Anthem accountable. The agreement includes a court enforced term that will hold Anthem to a more rigorous standard in its safeguarding of Personally Identifiable Information (PII). Anthem will have to spend at least $90 million annually on beefing up its cybersecurity practices for the coming years. At minimum, my clients will get awarded between $5K -$15K each. Then, there are dozens of attorneys like myself who have invested countless hours and dollars (yes – pursuing class actions costs money) and we will not want to retire anytime soon because we love fighting for consumers. BTW: note that federal law has a strict limit on attorneys’ fees.
Thanks to all of you who have contacted us with your stories, questions and concerns. As with our many other clients, we want to help give you a voice and make sure that you recover from this historic data breach.
For the last several months, I have gone mostly dark on this website. Not purposely. But I’ll admit that the absence of posts here was in large part a reaction to two events–one involving my personal life and the other involving our body politic.
All of us should not give up in the face of the breathtaking insolence of leaders beholden to corporations. I refer not only to Congress’ onslaught against consumer privacy and consumer class actions, but also to the daily (sometimes hourly) blitz on individual rights. Admittedly, it’s difficult to keep track as the battles grow more frequent.
In the end, I urge all of you to tune out the immediate noise. Please know that there are attorneys such as myself who are dedicated to the long-term fight for each consumer’s privacy rights. Always remember that our privacy rights are inextricably entwined with my fight to protect the consumer. Yes, each of us love the convenience that Google, Amazon, Apple, and other major corporations offer us. And, some of these corporations are doing a decent job to protect individual privacy rights. But each of us must remain diligent.
Please stay tuned for the following new blog posts:
- Think that a data breach won’t hurt you? Thank again. – I will share with you some eye opening stories of a client, whose personal data was compromised as the result of a massive healthcare data breach. To this day, she continues to deal with identity fraud.
- Experian rubs salt in the wounds of 143+ million breach victims – Don’t accept offers for “free credit monitoring,” from Equifax. In addition to giving up your valuable Personal Information, you will also give you your right to sue Equifax. If you think that arbitration sounds fair enough, you are in for a rude awakening.