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AG Marshall announces that Alabama joins $600 million multi-state settlement against Equifax

Brandon Moseley

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Alabama Attorney General Steve Marshall announced Monday that a coalition of 50 attorney generals have reached a $600 million settlement with Equifax regarding a massive 2017 data breach. In Alabama, approximately 2.3 million consumers, or about half the state, were affected and are eligible for compensation.

The attorneys general investigation discorded that Equifax’s failed to maintain a reasonable security system, which enabled the hackers to penetrate its systems. This exposed the data of 56 percent of American adults — the largest-ever breach of consumer data.

The attorneys general have secured a settlement with Equifax that includes a Consumer Restitution Fund of up to $425 million, a $175 million payment to the states, as well as extensive injunctive relief. This is the largest data breach enforcement action in national history.

“Equifax failed utterly in its responsibility to safeguard the information of consumers with due diligence, with consequences of untold harm by identity thefts that have occurred and may yet occur,” Marshall said. “This settlement provides important steps to compensate consumers and mitigate the damage from Equifax’s careless practices. Perhaps as significant is the message to other businesses that they will be held to account for maintaining a high standard of protection for their customers’ data. I am extremely proud of the commitment and hard work by the staff of my Consumer Interest Division, which was part of the multistate executive committee, in reaching this settlement for the benefit of Alabama consumers.”

Equifax gets paid by creditors to maintain a database on the credit history of almost every American. Lenders use this information to set credit scores and base lending decisions, interest rates charged, among other things off of the information that Equifax supplies to them. Some employers and landlords even use the credit scores to make employment and renting decisions.

Equifax announced that it has been breached on Sept. 7, 2017. The data breach affected more than 147 million consumers —  nearly half of the U.S. population. The hackers stole Social Security numbers, names, dates of birth, addresses, credit card numbers and, in some cases, driver’s license numbers.

A coalition that grew to 50 attorneys general launched a multi-state investigation into the breach. The investigation found that the breach occurred because Equifax failed to implement an adequate security program to protect consumers’ highly sensitive personal information.

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The state attorney generals found that Equifax was aware of a critical vulnerability in its software but failed to fully patch its systems. Equifax also failed to replace software that monitored the breached network for suspicious activity. Equifax was so lax in its’ duties that the company did not even notice. This likely was the most damaging breach to occur to American families due to the nature of the data that is now in the hands of cybercriminals. Criminals are now in possession of all that data and could be using it for years to come.

When credit companies leak customers credit card information, they usually reissue the customer new numbers and largely absorb the fraudulent transactions costs, cybercriminals having such a rich data profile of your identity is a much greater risk to your digital safety. Having information including Social Security number, birth date, address, driver’s license and other personal information can empower criminals to commit full-fledged identity theft, as well as a takeover of a consumer’s existing digital accounts, such as your bank, brokerage or email.

Under the terms of the settlement, Equifax 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.

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Equifax has agreed to take several steps to assist consumers who are either facing identity theft issues or who have already had their identities stolen including but not limited to making it easier for consumers to freeze and thaw their credit, making it easier for consumers to dispute inaccurate information in credit reports and requiring Equifax to maintain sufficient staff dedicated to assisting consumers who may be victims of identity theft.

Equifax has also agreed to strengthen its security practices going forward by reorganizing its data security team, minimizing its collection of sensitive data and the use of consumers’ Social Security numbers, performing regular security monitoring, logging and testing, employing improved access control and account management tools, reorganizing and segmenting its network and reorganizing its patch management team and employing new policies regarding the identification and deployment of critical security updates and patches.

Consumers who think they have been a victim of the Equifax breach can file a claim on the Equifax Settlement Breach online registry. To receive email updates regarding the launch of the Equifax Settlement Breach online registry, consumers can sign up at here. Consumers can also call 1-833-759-2982 for more information.

Marshall was appointed AG by former Gov. Robert Bentley. Marshall was elected to his own term as AG in the 2018 election.

Brandon Moseley is a senior reporter with eight and a half years at Alabama Political Reporter. You can email him at [email protected] or follow him on Facebook. Brandon is a native of Moody, Alabama, a graduate of Auburn University, and a seventh generation Alabamian.

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Elections

Trump to visit Pensacola tonight

Trump is making a push in Florida in the final weeks of the election, and Northwest Florida is part of his strategy.

Brandon Moseley

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President Donald Trump speaks at the Republican National Convention

Neither presidential candidate is likely to visit Alabama before the general election, as both campaigns accept that Alabama will be certainly in President Donald Trump’s camp on election day no matter what else happens. While Alabama is not a swing state, Georgia and Florida are both in play, and both campaigns are devoting enormous resources there.

Trump is making a push in Florida in the final weeks of the election, and Northwest Florida is part of his strategy. Trump will be just across the Florida-Alabama state line visiting Pensacola and is scheduled to address supporters at the ST Engineering hangar beginning at 7 p.m. CT.

The doors open at 4 p.m. and the event begins at 7:00 p.m.

The president’s rally tonight comes right after a visit to Pensacola last week by Second Lady Karen Pence and is one of many Florida campaign events planned for Trump and Vice President Mike Pence.

Trump arrived in Florida after Thursday’s final presidential debate with Joe Biden. He is scheduled to hold a campaign event in The Villages before traveling to Pensacola. The president will spend the night at his Palm Beach resort Mar-a-Lago and will vote early Saturday.

The vice president will hold rallies in Lakeland and Tallahassee on Saturday. Florida has 27 electoral college votes. It would be very difficult for Trump to get the 270 electoral college votes necessary to win without winning Florida.

Democrats warn that attending a Trump rally could be dangerous due to the coronavirus threat.

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“The last thing Floridians need is for Donald Trump to host more potential superspreader rallies across our state,” Florida Democratic Party Chairwoman Terrie Rizzo said in a statement on the rally in Pensacola. “What we do need, however, is a president capable of putting Floridians ahead of his own self-interest and get this pandemic under control.”

Most recent polls have Trump trailing Biden in Florida. Tickets are required to attend the rally.

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National

Barry Moore: Trump is right when he says that Biden is “all talk and no action”

2nd Congressional District candidate Barry Moore praised Trump’s debate performance.

Brandon Moseley

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Congressional candidate Barry Moore (VIA MOORE CAMPAIGN)

The third presidential debate was held Thursday, and congressional candidate Barry Moore released a statement emphasizing that he continues to support President Donald Trump.

“This third debate showed us once again why Donald J. Trump is the better choice to lead this nation for four more years,” Moore said. “Joe Biden’s nearly five decades of being a politician make him an expert at dodging questions, giving non-answers, and twisting the facts to fit what he thinks is the response he needs to give right then. President Trump doesn’t respond like a politician, and he left Biden floundering. Biden truly is, as the President said, ‘all talk and no action’.”

“President Trump gave us three years of incredible economic growth after the Obama/Biden recession,” Moore continued. “He’s fought Chinese disinformation and domestic undermining throughout this pandemic and wants our economy to come back quickly. Biden wants to expand lockdowns, raise taxes, impose the economy-killing Green New Deal and throw us back into the same situation we endured for eight years under Obama/Biden.”

“Biden’s record—the real one instead of his tall tale of the minute—is one of little action and lots of failure,” Moore concluded. “Trump’s record is unprecedented economic growth and restoring America’s position in the world after Obama/Biden ‘lead from behind’ weakness. That’s why I will be voting for Donald J. Trump on November 3rd.”

Trump Victory Finance Committee member Perry Hooper Jr. agreed.

“President Trump was the clear winner,” Hooper said. “Bottom line, you have an outsider with results versus a failed 47-year career politician. I thought the President did well going beyond the base talking about what this Administration has done for Black Americans. This Administration passed the Criminal Justice Reform Act, Opportunity Zones, increased funding for Historic Black Colleges and cutting Black unemployment.”

“Joe Biden hurt himself when he talked about his Energy Policy,” Hooper said. “He said he wanted to do away with the Oil and Gas Industry. Obama and Biden destroyed the coals Industry and now Biden wants to destroy the Oil and Gas Industry. What he said will hurt him in Pennsylvania, Ohio, Texas and Oklahoma. Biden also talked about his government socialized economic policy. If that Policy is implemented, it would bankrupt America. The best statement made by the President, was when the President looked at Biden and said, You and Obama are the reason I ran.”

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The Trump campaign released a statement saying, “The President CRUSHED it.”

“After the Debate Commission CANCELED the second Presidential Debate last week, President Trump knew he needed to EXPOSE Joe Biden for the corrupt, China-loving SOCIALIST that he is,” the campaign continued. “The truth is, Biden would sell out America to the Chinese government and he’d DESTROY everything the President has accomplished. Tonight made that very clear. Unlike Sleepy Joe, President Trump will always fight for YOU.”

Moore is the Republican nominee in the Nov. 3 general election for Alabama’s 2nd Congressional District. Moore served two terms in the Alabama House of Representatives from 2010 to 2018.

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He and his wife Heather own a small waste management business. He is a veteran, Auburn graduate, husband and father of four from Enterprise.

The general election will be Nov. 3.

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Courts

U.S. Supreme Court rules Alabama can ban curbside voting

“The District Court’s modest injunction is a reasonable accommodation, given the short time before the election,” the three dissenting justices wrote. 

Eddie Burkhalter

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(STOCK PHOTO)

The Supreme Court, in a 5-3 decision, allowed Alabama Secretary of State John Merrill to ban curbside voting, staying a district court injunction that had allowed some counties to offer curbside voting in the Nov. 3 election amid the COVID-19 pandemic.

The Supreme Court’s majority in its order declined to write an opinion, but Justices Stephen Breyer, Elena Kagan and Sonya Sotomayor’s five-page dissent is included.

The lawsuit — filed by the NAACP Legal Defense and Educational Fund, Southern Poverty Law Center, American Civil Liberties Union, ACLU of Alabama and Alabama Disabilities Advocacy Program — was brought on behalf of several older Alabamians with underlying medical conditions.

“The District Court’s modest injunction is a reasonable accommodation, given the short time before the election,” the three dissenting justices wrote. 

Sotomayor, who wrote the dissent, closed using the words of one of the plaintiffs in the case. 

“Plaintiff Howard Porter Jr., a Black man in his seventies with asthma and Parkinson’s disease, told the District Court, ‘[So] many of my [ancestors] even died to vote. And while I don’t mind dying to vote, I think we’re past that – We’re past that time,’” Sotomayor wrote. 

Alabama Secretary of State John Merrill on Wednesday applauded the Supreme Court’s decision. 

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“I am proud to report the U.S. Supreme Court has now blocked a lower court’s order allowing the fraudulent practice of curbside voting in the State of Alabama,” Merrill said in a statement. “During the COVID-19 pandemic, we have worked diligently with local election officials in all 67 counties to offer safe and secure voting methods – including through the in-person and mail-in processes. I am glad the Supreme Court has recognized our actions to expand absentee voting, while also maintaining the safeguards put into place by the state Legislature.”

“The fact that we have already shattered voter participation records with the election still being 13 days away is proof that our current voting options are easy, efficient, and accessible for all of Alabama’s voters,” Merrill continued. “Tonight’s ruling in favor of election integrity and security is once again a win for the people of Alabama.”

Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Education Fund, expressed frustration after the ruling in a tweet.

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“Another devastating loss for voters and a blow for our team fighting to ensure safe voting for Black and disabled voters in Alabama. With no explanation, the SCOTUS allows Alabama to continue making it as hard as possible for COVID-vulnerable voters,” Ifill wrote.

Curbside voting is not explicitly banned by state law in Alabama, but Merrill has argued that because the practice is not addressed in the law, he believes it to be illegal. 

A panel of federal appeals court judges on Oct. 13 reversed parts of U.S. District Judge Abdul Kallon’s Sept. 30 order ruling regarding absentee voting in the upcoming Nov. 3 elections, but the judges let the previous ruling allowing curbside voting to stand. 

In his Sept. 30 ruling, Kallon wrote that “the plaintiffs have proved that their fears are justified” and the voting provisions challenged in the lawsuit “unduly burden the fundamental Constitutional rights of Alabama’s most vulnerable voters and violate federal laws designed to protect America’s most marginalized citizens.”

Caren Short, SPLC’s senior staff attorney, in a statement said the Supreme Court’s decision has curtailed the voting rights of vulnerable Alabamians.

“Once again, the Supreme Court’s ‘shadow docket’ – where orders are issued without written explanation – has curtailed the voting rights of vulnerable citizens amidst a once-in-a-century public health crisis. After a two-week trial, a federal judge allowed counties in Alabama to implement curbside voting so that high-risk voters could avoid crowded polling locations,” Short said. “Tonight’s order prevents Alabama counties from even making that decision for themselves. Already common in states across the South and the country before 2020, curbside voting is a practice now encouraged by the Centers for Disease Control and Prevention (CDC). It should be a no-brainer to implement everywhere during a pandemic; the Alabama Secretary of State unfortunately disagrees, as does the Supreme Court of the United States.”

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National

Last presidential debate is tonight

The debate will be on from 8 p.m. to 9:30 p.m. CT and will be televised on ABC, CBS, NBC, PBS, CNN, Fox News, MSNBC and C-SPAN.

Brandon Moseley

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President Donald Trump, left, and former Vice President Joe Biden, right, are running for president in 2020.

The last presidential debate between Democratic nominee Joe Biden and Republican incumbent Donald Trump is scheduled for tonight.

The debate will be on from 8 p.m. to 9:30 p.m. CT and will be televised on ABC, CBS, NBC, PBS, CNN, Fox News, MSNBC and C-SPAN. It will also be streamed live on YouTube via CBS News and other services like C-SPAN. The debate will also be streamed via Twitter’s U.S. election hub in the “Explore” tab and on CBSN, CNNgo, the CBS News App and the Fox News App.

Game three of the Major League Baseball World Series between the Los Angeles Dodgers and Tampa Bay Rays is Friday night so will not conflict with the presidential debate. There is, however, a football game tonight on Fox between the Philadelphia Eagles and New York Giants.

The moderator will be NBC News’s Kristen Welker.

The topics for the second presidential debate have been announced by Welker. Welker has selected: Fighting COVID-19, American Families, Race in America, Climate Change, National Security, and Leadership, the Commission on Presidential Debates announced.

The original plan was to hold three debates, but Trump, the first lady and many members of the president’s team tested positive for the coronavirus immediately following the first debate. Trump recovered from his bout with COVID-19, but when the Presidential Debates Commission announced that the second debate would be virtual, the Trump campaign refused to participate, leading to the cancelation of the original second debate.

“I am not going to do a virtual debate,” which Trump called a waste of time in comments to the Fox Business Channel.

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Trump and Biden held competing town hall events last week instead. Biden’s town hall drew higher TV ratings. The final presidential debate before Election Day will be at Belmont University in Nashville, Tennessee. The debate format will be six segments of approximately 15 minutes each on the six pre-selected topics.

There will be no interrupting by the candidates in this debate after the raucous behavior in the first debate.

Both Trump and Biden will have their microphones cut off in Thursday’s debate while their rival delivers their opening two-minute answer to each of the debate topics. The open discussion portion of the debate will not feature a mute button, but interruptions by either candidate will count toward their time.

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The nonpartisan commission announced the rule changes on Monday. As late as Wednesday night, the parties were still arguing whether Trump will be allowed to bring up allegations that Biden assisted his son, Hunter Biden, in the junior Biden’s business interests in China, Russia, the Ukraine and other countries. Many Republicans, including former Arkansas Governor Mike Huckabee are urging the President to focus on the issues instead.

Election day will be on Nov. 3.

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