The super fucked up part is that it automatically signs you up for their "Credit protection" if you use their site to see if you were impacted. Doesn't ask if you'd like to, just says "Thanks for signing up, your year starts now!"
Actually, since I'm affected, I got a different message. It's even worse.
They gave me a date in September that I have to remember to come back and sign up for. It's the equivalent of grabbing a ticket in the deli line.
Look at this text:
"Please be sure to mark your calendar as you will not receive additional reminders. On or after your enrollment date, please return to faq.trustedidpremier.com and click the link to continue through the enrollment process".
That's enraging. You tell me I'm affected and now I have to come back at some date/time and sign up? At least it has given me the time to read all the comments about waiving class action participation.
When I entered my info I got a message saying they do not think I'd been affected by the hack. So if you get a different message, its probably safe to assume you're affected.
Even worse, you agree to arbitration in case of disputes waiving your rights to sue..not sure if even enforceable.
You can check if you're impacted then just not proceed to click "enroll" and be able to check without auto-enrolling and agreeing to their 1yr protection + arbitration agreement.
You'll probably get nothing of note anyway from class action given the scale of this breach. If you are truly impacted in some way, you'll be better off in small claims (or a full suit if it devastates you enough.)
That should be ex-post-facto of the data breach (i.e. they leaked your data before you agreed to the TOS so you waive your rights to sue from that point forward). I'm not a lawyer and I wouldn't agree to this. I checked and I am affected. I'm going to sign up for LifeLock (because it's super expensive) and file a small claim to recoup the cost.
I'm curious as to wether any lawyers here can chime in on how well this TOS would hold up in court. I know when I went to check I was never shown the TOS or even a checkbox that needed to be checked to confirm that I agreed to the ToS with a link to them. It feels like the ToS are what comes with the ID protection service and were meant to apply only to lawsuits that might arise from using the ID protection service, but IANAL.
Yes, the TOS does require arbitration (including for actions that occurred before signing the TOS), but it's not clear if it applies to just the child company that is providing the credit monitoring service or if it applies to the actions of the parent company, too.
One thing I'm trying to wrestle with is why they would make you agree to arbitration for actions prior to signing TOS if indeed it applies only to the child company. Your relationship with the child company begins when you sign the TOS, no?
