Court Rules
All enforcement actions
InvestigationCritical RiskMultistate

Multi-State AGs Demand Equifax Halt Fee-Based Services Post-Breach

EquifaxSeptember 15, 2017New Jersey Attorney General

Consumers Affected

143,000,000

Summary

New Jersey Attorney General Christopher Porrino announced that New Jersey has joined a multi-state investigation into Equifax following a data breach affecting 143 million consumers. The multi-state group sent a letter demanding Equifax disable fee-based credit monitoring services and reimburse consumers for credit freeze fees with other bureaus, citing unfair practices and a months-long delay in breach disclosure.

Remedy

Equifax is demanded to disable enrollment links for fee-based credit monitoring services and to reimburse consumers for fees incurred when obtaining security freezes from other credit bureaus, such as Experian and Transunion.

Contract Impact

In-house legal teams should review customer agreements for credit monitoring and identity theft protection services, focusing on clauses that authorize fee-based offerings, credit freeze procedures, and reimbursement policies. Specifically, examine terms permitting charges for security freezes, the differentiation between free and paid services, and breach notification timelines. Vendor agreements with other credit bureaus or data processors must include provisions for cost-sharing in breach scenarios and compliance with multi-state demands. Data processing agreements should enforce robust data security obligations and clear incident response protocols. Potential changes include amending contracts to waive credit freeze fees, disable promotional links for paid services post-breach, and enhance disclosure requirements to prevent delays, ensuring alignment with consumer protection standards.

Contract Search Terms

credit monitoring service clausefee-based service provisioncredit freeze fee reimbursementdata breach notification timelineunfair or deceptive practice clausesecurity freeze mechanismconsumer protection addendumdata security standardsdisclosure delay provisionreimbursement obligation

Violation Types

Entity Details

Entity

Equifax

Industry

Data Broker

Official Sources

Source Evidence

Entity Name
"Equifax"
Violation Types
"massive data breach with potential to impact 143 million consumers"
Violation Types
"months-long delay between the breach and Equifax’s public disclosure"
Consumers Affected
"143 million consumers"

Related Enforcement Actions

CA

Equifax

$175.0M

California Attorney General Xavier Becerra, leading a multistate coalition of all 50 states, the District of Columbia, and Puerto Rico, announced a settlement with Equifax over a 2017 data breach that exposed personal information of 147 million consumers, including 15 million Californians. The breach resulted from Equifax’s failure to apply a critical software patch and implement adequate security measures, with disclosure delayed for months after discovery. Equifax will pay $175 million in state penalties, up to $425 million in consumer restitution, and implement enhanced data security measures and ten years of free credit monitoring for affected consumers.

NJ

King Distribution LLC and 17 related retail businesses

$100K

New Jersey Attorney General Jennifer Davenport and the Division of Consumer Affairs announced a Consent Order with King Distribution LLC and 17 related retail smoke shops, resolving allegations that the companies illegally sold flavored vapor products in violation of New Jersey’s consumer protection laws. The Consent Order imposes a $100,000 civil penalty, requires reimbursement of $22,279 in investigation costs, and prohibits the companies from selling or distributing flavored vapor products in New Jersey. The enforcement action is part of New Jersey’s ongoing efforts to protect youth from flavored vape products, which have been permanently banned in the state since January 2020.

NJ

Titan Macro Finance

The New Jersey Bureau of Securities issued a Cease and Desist Order on April 30, 2026, against Titan Macro Finance for operating an investment fraud scheme via WhatsApp and Instagram that defrauded at least one New Jersey investor of $64,000. The scheme involved unregistered broker-dealer activity, fake trading profits, and undisclosed fees to access investor funds. The action was coordinated with the California Department of Financial Protection and Innovation, which issued a similar order against the entity for violating California’s Commodity Code.

NJ

Meta Platforms, Inc.

New Jersey Attorney General Jennifer Davenport and the Bureau of Securities issued a public warning to state residents about fraudulent investment schemes proliferating on Meta-owned platforms including Facebook, Instagram, and WhatsApp. The alert details common scam tactics such as pump-and-dump schemes, confidence scams, and fraudulent cryptocurrency offerings, and provides tips for residents to avoid victimization. No enforcement action against any entity was announced in this release.

NJ

New Jersey Landlords (general population, no specific entity named)

New Jersey Attorney General Jennifer Davenport led a bipartisan coalition of 27 state attorneys general in submitting a comment letter to the Federal Trade Commission urging federal rulemaking to regulate hidden and deceptive rental housing fees. The AG also issued guidance clarifying New Jersey’s new $50 rental application fee cap, effective May 1, 2026, warning that deceptive fee practices may violate the New Jersey Consumer Fraud Act. No specific enforcement action against a named individual entity was announced, with enforcement of the fee cap set to begin May 1, 2026.

NJ

NCL Bahamas, Ltd.

$2.0M

New Jersey Attorney General Jennifer Davenport announced a multistate settlement with NCL Bahamas, Ltd. (Norwegian Cruise Line) resolving allegations of deceptive sales practices and unfair cancellation, refund, and future cruise credit policies during the COVID-19 pandemic. The settlement requires NCL to pay $2 million to participating states, implement employee training and management approval processes for sales communications during disasters, and prohibits deceptive sales statements and prioritizing sales over consumer health and safety. NCL has already issued over $3 billion in refunds and future cruise credits to consumers nationwide related to the underlying allegations.