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Equifax to pay up to $700M in data breach settlement

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FILE - This July 21, 2012, file photo shows signage at the corporate headquarters of Equifax Inc., in Atlanta. Equifax will pay up to $700 million to settle with the Federal Trade Commission and others over a 2017 data breach that exposed Social Security numbers and other private information of nearly 150 million people. The proposed settlement with the Consumer Financial Protection Bureau, if approved by the federal district court Northern District of Georgia, will provide up to $425 million in monetary relief to consumers, a $100 million civil money penalty, and other relief. (AP Photo/Mike Stewart, File)

NEW YORK (AP) — Equifax will pay at least $700 million — and potentially much more — to settle lawsuits over a 2017 data breach that exposed the Social Security numbers and similar sensitive information of roughly half of the U.S. population.

The settlement with federal authorities and states , reached Monday, includes up to $425 million in monetary relief to consumers, a $100 million civil penalty, and other offers to the nearly 150 million people who could have been affected. It can’t, however, guarantee safety for individuals whose stolen information could circulate on the internet for decades.

The breach was one of the largest ever to threaten Americans’ private information. The credit reporting company didn’t notice the intruders targeting its databases, who exploited a known security vulnerability that Equifax hadn’t fixed, for more than six weeks.

The compromised data included Social Security numbers, birth dates, addresses, driver license numbers, credit card numbers and in some cases, data from passports. The resulting scandal led to the abrupt dismissal of Equifax’s then-CEO and many other executives at the company.

“Companies that profit from personal information have an extra responsibility to protect and secure that data,” said Federal Trade Commission Chairman Joe Simons. “Equifax failed to take basic steps that may have prevented the breach.”

Equifax CEO Mark Begor said in a statement that the settlement “reinforces our commitment to putting consumers first and safeguarding their data.”

Consumer advocates were generally positive on the settlement, but had concerns about its timescale. Claims can only be filed for the next four years, but the thieves stole permanently identifiable information like Social Security numbers and birthdates, the data could be used for decades to commit identity theft.

“What happens if a consumer is the victim of ID theft in the fifth year resulting from the breach, which costs the consumer tens of thousands of dollars?” said Chi Chi Wu, staff attorney at the National Consumer Law Center.

Shares of Equifax, which plunged 30% following disclosure of the breach, have since made up that drop. On Monday, Equifax stock price closed at $137.84 — not far from its price of $141.45, where it was trading just before the breach was disclosed on Sept. 7, 2017. Business analysts say the settlement will remove a cloud of uncertainty over Equifax’s business.

It also, however, underscores that U.S. consumers are still at the mercy of the credit-reporting companies when it comes to protecting their crucial personal details. Two years after the breach, Equifax, along with its competitors TransUnion and Experian, remain the primary repositories of the data that banks use to make credit decisions.

They face little regulation and disclose few details about their operations, despite promises to tighten security and rebuild consumer trust. Ordinary people have no easy way to opt out of the data collection that lands their personal details in corporate databases.

Equifax’s CEO said he has seen zero evidence the stolen data has appeared for sale on the so-called “dark web” and no evidence of an increased identity theft because of the breach. The company did not provide any evidence to back up that claim.

Security experts said there’s really no way to know, especially in the absence of third-party validation. “You cannot determine with certainty that the information will never wind up in the hands of people who are going to use it,” said Ryan Calo, a law professor at the University of Washington.

“It is a lifetime risk exposure,” said Rich Mogull, CEO of the security firm Securosis, who added that the data might be useful for surreptitious uses beyond direct identity fraud.
Settlement payments will flow through a number of complex channels. Equifax will initially pay $380.5 million into a fund to cover identity theft resulting from the breach, as well as any costs related to credit monitoring. The company will pay an additional $125 million if victims’ out-of-pocket expenses deplete the initial fund.

Should all 147 million victims sign up for credit monitoring services, Equifax could potentially be on the hook for $2 billion.

Equifax will offer victims of the breach free credit monitoring services for up to 10 years, identity-restoration services for seven years, and six Equifax credit reports annually for the next seven years. That’s on top of the free report all credit reporting companies must offer U.S. residents every year.

Victims can also seek up to $125 as a reimbursement for the cost of a credit-monitoring product of their choice. Consumers must submit claims for free credit monitoring or cash reimbursements. The settlement received preliminary approval from a federal judge Monday, and claims can start processing Tuesday.

Equifax will have to spend at least $1 billion over five years to enhance its cybersecurity practices and will owe a $100 million fine to the Consumer Financial Protection Bureau and tens of millions of dollars to states and territories to settle their lawsuits.

For information on the terms of the settlement, as well as to file a claim, potential victims should go to https://www.equifaxbreachsettlement.com .

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North Florida News

Gov. Ron DeSantis Names Alex Peraza to Miami-Dade Judicial Nominating Commission

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TALLAHASSEE, Fla. (FNN)Ron DeSantis announced Friday the appointment of Alex Peraza to the Eleventh Judicial Circuit Judicial Nominating Commission, which serves Miami-Dade County.

Peraza, of Coral Gables, is a partner at Diamond Kaplan & Rothstein, P.A., a law firm based in South Florida.

The Judicial Nominating Commission is responsible for reviewing and recommending qualified candidates for judicial appointments within the circuit.

Peraza earned his bachelor’s degree from the University of Miami and his juris doctor from the University of Florida. His appointment term will run through July 1, 2027.

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Florida

Advocates Oppose Florida Medicaid Work Reporting Bill, Cite “Deathbed Exemption” and Coverage Gap Risks

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TALLAHASSEE, Fla. (FNN) — A Florida Senate committee on Monday advanced SB 1758, legislation that would impose Medicaid work reporting requirements in a state that has not expanded Medicaid under the Affordable Care Act. Advocates say the proposal would push thousands of low-income Floridians into the state’s existing coverage gap and create new administrative barriers for people with serious illnesses.

The bill goes beyond the recently passed federal measure, H.R. 1 — known as the One Big Beautiful Bill Act — which exempts non-expansion states from federal Medicaid work reporting requirements. Critics argue Florida lawmakers are moving forward despite that exemption.

Bill Would Add Work Reporting and “Deathbed Exemption”

SB 1758 would require certain Medicaid recipients to document at least 80 hours per month of work or qualifying activities to maintain coverage. The bill includes exemptions, including a recently added provision that would exempt terminally ill parents only if they can prove a life expectancy of six months or less.

Sadaf Knight, CEO of Florida Policy Institute, said the amendment would require a single mother who is terminally ill and earning less than $8,000 a year to meet monthly work reporting requirements unless she can demonstrate a six-month prognosis.

“It is hard to grasp how we arrived at a policy that effectively asks someone facing the end of their life to prove they are dying quickly enough to keep their Medicaid,” Knight said.

Opponents say the proposal would increase administrative costs while stripping coverage from residents who are already working or unable to work due to caregiving responsibilities or medical conditions.

Advocates Warn of Coverage Gap, Legal and Fiscal Risks

Florida is one of 10 states that has not expanded Medicaid, leaving an estimated 260,000 residents in the coverage gap — earning too much to qualify for traditional Medicaid but too little to receive federal marketplace subsidies.

More than two dozen organizations signed a letter urging members of the Senate Appropriations Committee to reject the bill. Signatories include the American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Southern Poverty Law Center, UnidosUS, The AIDS Institute, Florida Policy Institute, Florida Voices for Health and 1199SEIU.

Melanie Williams of Florida Health Justice Project called the bill “fiscally reckless,” noting that the state has already spent $1 million defending wrongful Medicaid terminations in federal court and that the Department of Children and Families has reported budget constraints in addressing court-mandated changes.

Rachel Klein of The AIDS Institute said federal law prohibits non-expansion states from implementing Medicaid work requirements and warned the measure could face legal challenges. Others argued the costs of building a new reporting system would outweigh any potential savings.

Advocates say the Legislature should focus instead on expanding access to affordable coverage amid rising health care costs and expiring enhanced premium tax credits.

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Florida

Bracy Davis, Rosenwald File Bill to Fix My Safe Florida Home Program Application Barriers

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TALLAHASSEE, Fla. (FNN) — Senator LaVon Bracy Davis and Representative Mitch Rosenwald have filed legislation aimed at expanding access to the My Safe Florida Home Program by allowing homeowners to reapply when applications were previously deemed abandoned or withdrawn due to errors or omissions.

The measure, SB 1148/HB 1045, would modify program rules to permit subsequent applications when the original filing was rejected because of compliance-related mistakes, provided there is good cause and the applicant corrects the issue in a timely manner.

Expanding Access to Homeowner Assistance
The My Safe Florida Home Program is a state initiative that provides eligible Florida homeowners with inspections and grant funding to help strengthen their homes against storms while reducing insurance costs. The program is administered by the Florida Department of Financial Services.

Current rules allow for reapplication if an application was denied or withdrawn due to errors or omissions. However, the proposed legislation would also allow reapplication when an application was deemed abandoned or withdrawn because of similar compliance-related issues.

Addressing Bureaucratic Barriers
“At a time when Florida’s families are struggling with rising insurance costs, we cannot allow bureaucratic technicalities to block access to affordability tools,” said Bracy Davis, a Democrat from Ocoee.

The bill responds to concerns from homeowners who were unable to submit a new application after their original submission was closed due to misunderstandings or reasonable mistakes regarding program requirements.

Focus on Seniors and Low-Income Homeowners
Rosenwald, a Democrat from Oakland Park, said the legislation is intended to help vulnerable homeowners who rely on the program for financial relief.

“This program can be a lifeline for seniors and low-income homeowners,” Rosenwald said. “In response to Floridians reporting that they were blocked from submitting a new application because of a misunderstanding or reasonable mistake concerning program compliance, I filed this glitch bill.”

If approved, the legislation would ensure more homeowners have access to financial assistance aimed at strengthening homes and improving insurance affordability across Florida.

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