Consumers affected by a 2017 data breach that compromised their Social Security numbers, credit card numbers and personal information have been awarded $425 million in restitution.

Delaware Attorney General Kathy Jennings was among 50 attorneys general who filed suit against Equifax, a consumer reporting agency that affected nearly half of the U.S. population when its data was breached. The investigation found Equifax failed to maintain reasonable security, which enabled hackers to penetrate its systems, exposing the data of 56 percent of American adults.

Breached information included Social Security numbers, names, dates of birth, addresses, credit card numbers, and in some cases, driver’s license numbers.

Investigators determined the breach occurred because Equifax failed to implement an adequate security program to protect consumers’ highly sensitive personal information. Despite knowing about a critical vulnerability in its software, officials said, Equifax failed to fully patch its systems. Moreover, officials said, Equifax failed to replace software that monitored the breached network for suspicious activity. As a result, the attackers penetrated Equifax’s system but went unnoticed for 76 days.

Under the settlement, officials said, Equifax has agreed to provide a single Consumer Restitution Fund of up to $425 million - with $300 million dedicated to consumer redress. If the $300 million is exhausted, the fund can increase by up to an additional $125 million. The company will also offer affected consumers extended credit-monitoring services for a total of 10 years.

“Delawareans can’t meaningfully participate in the modern economy without entrusting their personal data to the financial system,” said Jennings in a press release. “Companies, like Equifax, that collect and maintain personal information are entrusted with an obligation to maintain its privacy and security. Equifax breached that trust, and today my office, together with 49 other attorneys general, is holding it accountable.”

In addition to the funds for consumers, Equifax agreed to pay the states a total of $175 million, which includes $1 million for Delaware. Delaware’s share will go to the Consumer Protection Fund, which funds consumer protection investigations and activities.


Equifax has agreed to strengthen its security practices and assist consumers who are facing identity theft issues or who have had their identities stolen. The company will make it easier for consumers to freeze and thaw their credit and make it easier for consumers to dispute inaccurate information in credit reports.

The restitution program will be conducted in connection with settlements that have been reached in multidistrict class actions filed against Equifax, as well as settlements that were reached with the Federal Trade Commission and Consumer Financial Protection Bureau.

Consumers who are eligible for redress will be required to submit claims online, by mail, or by phone. Consumers will be able to obtain information about the settlement, check their eligibility to file a claim, and file a claim by phone or online. To receive email updates regarding the launch of the Equifax Settlement Breach online registry, consumers can sign up at www.ftc.gov/equifax-data-breach. For more information, call 833-759-2982.