1 unchanged sentence
Litigation and Investigations related to the 2017 Cybersecurity Incident
−Removed: In fiscal 2017, we experienced a cybersecurity incident following a criminal attack on our systems that involved the theft of certain personally identifiable information of U.S., Canadian and U.K.
+Added: In 2017, we experienced a cybersecurity incident following a criminal attack on our systems that involved the theft of certain personally identifiable information of U.S., Canadian and U.K.
Following the 2017 cybersecurity incident, hundreds of class actions and other lawsuits were filed against us typically alleging harm from the incident and seeking various remedies, including monetary and injunctive relief.
19 unchanged sentences
Consumer MDL Litigation.
−Removed: The MDL Court entered an amended order granting final approval of the settlement on March 17, 2020.
−Removed: Several objectors have appealed the final approval order.
+Added: The MDL Court entered an amended order granting final approval of the settlement (the “Final Approval Order”) on March 17, 2020.
+Added: Several objectors appealed the Final Approval Order to the U.S.
+Added: Court of Appeals for the Eleventh Circuit (the “Eleventh Circuit”).
+Added: On June 3, 2021, the Eleventh Circuit issued an order reversing the MDL Court’s grant of incentive awards to class representatives, but affirming all other aspects of the Final Approval Order.
+Added: Several objectors have filed petitions with the Eleventh Circuit seeking both a rehearing by the three-judge panel and a rehearing by the entire Eleventh Circuit.
Until the appeals are finally adjudicated or dismissed, we can provide no assurance that the U.S.
1 unchanged sentence
If the MDL Court’s order approving the settlement is reversed by an appellate court, there is a risk that we would not be able to settle the U.S.
−Removed: Consumer MDL Litigation on acceptable terms or at all, which could have a material adverse effect on our financial condition.
+Added: Consumer MDL Litigation on acceptable terms or at all, which could have a material adverse effect on our financial condition and results of operations.
Other Matters.
7 unchanged sentences
These cases were transferred to a single judge in the Fulton County Business Court and three of the cases were consolidated into a single action.
−Removed: On July 27, 2018, the Fulton County Business Court granted the Company’s motion to stay the remaining single case, and on August 17, 2018, the Fulton County Business Court granted the Company’s motion to stay the consolidated case.
+Added: On July 27, 2018, the Fulton County Business Court granted the Company’s motion to stay the remaining single case, and on August 17, 2018, the Fulton County Business Court granted the
+Added: Company’s motion to stay the consolidated case.
These cases remain stayed pending final resolution of the U.S.
5 unchanged sentences
On December 13, 2019, the court in Ontario granted certification of a nationwide class that includes all impacted Canadians as well as Canadians who had subscription products with Equifax between March 7, 2017 and July 30, 2017 who were not impacted by the incident.
−Removed: Our motion for leave to appeal this decision was granted in part, and our appeal is now pending.
+Added: We appealed one of the claims on which a class was certified and on June 9, 2021, our appeal was granted by the Ontario Divisional Court.
+Added: The plaintiff has since filed a notice of further appeal.
All remaining purported class actions are at preliminary stages or stayed.
5 unchanged sentences
We continue to respond to the information requirements and are cooperating with the investigation.
−Removed: Although we continue to cooperate in the above investigations and inquiries, an adverse outcome to any such investigations and inquiries could subject us to fines or other obligations, which may have an adverse effect on how we operate our business or our results of operations.
+Added: Although we continue to cooperate in the above investigations and inquiries, an adverse outcome to any such investigations and inquiries could subject us to fines or other obligations, which could have a material adverse effect on our financial condition and results of operations.
Equifax has been named as a defendant in various other legal actions, including administrative claims, regulatory matters, government investigations, class actions and other litigation arising in connection with our business.
6 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.