Settlement Offered In Identity Theft Lawsuit

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350,000 affected by security breach at LexisNexis
Posted: 6:34 PM Jul 21, 2008
Last Updated: 7:48 PM Jul 21, 2008
Email Address: sixonline@wowt.com

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A high-tech security breach launches a class action lawsuit. Nearly 350,000 people are eligible to participate in the suit against data broker LexisNexis. But by joining the suit, could personal information be further compromised?

"We were one of the unfortunate ones that is a part of the list of people I believe nationwide that would have received this letter." Jon Fredricks of Fremont received notice last week that he would receive a settlement from the class action lawsuit against LexisNexis.

"It could have been from bank accounts, it could have been from credit cards. You don't know where it originated.” Fredricks doesn't know if his personal financial information was actually used by electronic thieves or if it is accessible to future crooks on the Internet somewhere.

"If they settle it and you have credit reports available for the next three years, that's great, but if it's out there electronically, you can be floating around for five years, 10 years, who knows how long?"

He's concerned that if he settles, he loses any legal rights if his identity was indeed stolen.

"A person who gets a notice that they may have information breached should be concerned about identity theft and fraud," says attorney Pam Car, who handles a lot of consumer-related cases and says members of the class action lawsuit are entitled to some protection, but there are also steps we can all take to help protect our identity.

"They're entitled to a free credit report. Anybody who's the victim of theft of identity they can also call or get on the Web site of the three credit bureaus, Equifax, Experian or TransUnion and request that a fraud alert be put on their account."

Fredricks has already done all that and hasn't noticed any unusual charges on any of his accounts. He also diligently monitors his financial reports. "Hopefully everything will be okay and hopefully we won't end up on a list like this again.”

Victims of identity theft will more than likely see a lot of big charges on accounts quickly. Thieves usually clean out accounts immediately.

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Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: Debbie on Jun 20, 2009 at 10:56 AM
I was one of those victims as well and I have been a victim of identity theft.Lexis Nexis offered me a lousy 100 bucks. I declined and asked for a lifetime watch on my security. They came up with another offer of $400.00.I told them I would accept this offer if it came with a security watch. I just received a pack of papers now from aaa for arbitration. I don't know what to do. This is not fair!

Posted by: Eva Atwell on Mar 27, 2009 at 04:08 PM
I went to a lawyer and paid for the services to just be told that I have contacted everyone I need to and nothing else I can do. I want protection and pay for my time off work and anguish that they have caused me worrying about this and stoping all credit cards changing bank accounts and changing everything. it has been a hassle. So, where do we go to find out what they will give us for all this trouble they have caused us.

Posted by: Henry on Feb 1, 2009 at 11:35 PM
Well it all started when i got a phone call from one bank telling me that i made a perches and then finding my social security number'account number and my home address in google web page with about 300 other peoples information also filed class action but what shuld i do about getting a new social security number.

Posted by: Janie on Sep 12, 2008 at 12:36 AM
I"m scared, I not a finacial type.I try but this house is all we have to give to our children. I believed countrywide not once but twice. I believed in the security. .

Posted by: Brian on Sep 9, 2008 at 10:24 AM
Countrywide has sent us a letter stating that one of their employees has stolen and sold on the black market our personal information regarding, SS#, NAME, ADDRESS, MORTGAGE INFORMATION AND VARIOUS OTHER LOAN AND APPLICATION INFORMATION. My wife and I have worked very hard to achieve and maintain beacon scores nearing 800 and I believe this is a breech of contract since it was stipulated in contract that by giving Countrywide this information it would not be sold to a third party and since it has, by their own employee. This is a breech of security in their company and a breech of contract on their part, they have told me that I need to watch all our accounts so I can spot the identity theft as it starts to show up, that was not in the original contract. Countrywide thinks that by giving us two years of complimentary credit monitoring service it will solve the problem that could last 10 years and eliminate a lifetime of hard work. Who do I contact to file suit on a company this large.

Posted by: DeVonna on Jul 22, 2008 at 11:56 PM
As a consumer attorney who, like Attorney Pam Car, assists with victims of identity theft, Ms. Car's advice is excellent and right on the mark. She is absolutely right; it is indeed critical to monitor your credit reports and to notify the credit bureaus of fraud and/or errors. Pam Car is an experienced and knowledgeable advocate for consumers who is well-respected (nationally) in the consumer legal community.

Posted by: Mari Frank,Esq. on Jul 22, 2008 at 03:43 PM
First Let me apologize to Pam Car, Esq.- I didn't mean to sound like I was attacking her- I was wrong. I was attacking the idea that consumers are in control of the situation when their sensitive data is stolen. In my haste, I thought she was backing up what so many companies say - that the consumers can protect themselves entirely by credit monitoring (which they cannot once their SSN is in the hands of fraudsters). I also hear so many times that the victim is responsible. Again, I misperceived and should not have said anything about Pam who I learned is an avid advocate for consumers. I realize that when you are interviewed on TV, the media only takes snipits and Pam didn't have the opportunity to say all that she believes in the brief video. In fact I learned she is very knowledgable about the Fair Credit Reporting Act and Identity Theft, and she is a hero for many consumers. I learned a great lesson from this that shows us the dangers of the blogging at 10:30 PM-

Posted by: Bill on Jul 22, 2008 at 01:12 PM
Pam Car's statements were right on point. There may be additional things to do when your identity is stolen, but in a two minute spot there just isn't time to cover them all. Mari Frank's comments about Car's knowledge are out of line.

Posted by: Manners on Jul 22, 2008 at 04:03 AM
Mari Frank, Esq.....Pam Car didnt say she was an expert did she? Nope didnt think so. It just says she handles a lot of consumer related cases. Read again what she said. She was giving advise on what else people can do to help protect themselves. Before going off and trying to make someone look bad you should do what in my generation was taught to do...Think before you speak (or in this case type). It will make a difference. It will also make you not look like such a fool for speaking so harshly. Thanks Pam for giving some added advise. That is what should have been said. So I will thank her for you. Thanks again Pam Car. Sincerely, Manners

Posted by: Mari Frank, Esq on Jul 21, 2008 at 10:45 PM
What Pam Car doesn't address is that many types of ID theft do NOT appear on credit reports such as employment id theft, medical id theft, governmental services such as worker's comp id theft and disability pay id theft, also utility fraud and criminal ID theft do not show up on credit reports. Unfortunately credit monitoring is not the panacea for victims of security breaches- even bank fraud won't appear on credit reports- so that if a fraudster uses your SSN, they can open up accounts in your SSN and deposit fraudulent checks- and ruin your abiltiy to cash checks. Pam Car may be an attorney, but she is not one who knows much about ID theft and in fact, there are some things you can do to protect yourself, but little you can do to stop it if the sensitive data is in the hands of the fraudsters. Learn more at www.identity theft.org for free info and also www.ftc.gov, www.privacyrights.org, www.idtheftcenter.org to find out better information.

Posted by: John on Jul 21, 2008 at 09:28 PM
As in cases where big information sources have lost records like a bank, I would hope the law enforcment agencies could stop action quickly but the trouble I ran into was the establishments (phone service providers) only covering part and not whole losses!