Massachusetts Attorney General Maura Healey says she plans to sue Equifax after a data breach at the company affected up to nearly 3 million state residents.
"In all of our years investigating data breaches, this may be the most brazen failure to protect consumer data we have ever seen," Healey said in a statement. "My office is acting as quickly as possible to hold Equifax accountable for the risks that millions of consumers now face."
The credit reporting firm reported the breach last week, saying the personal information of 143 million consumers across the country was possibly compromised.
Healey's office is required under the state's Consumer Protection Act to give the company a five-day notice about an intention to file a lawsuit. They sent the letter notifying them of an impending civil lawsuit today.
The letter, sent to Equifax chairman and CEO Richard Smith in Georgia, said the hack places Bay State consumers "at risk of identity theft and other financial fraud."
"Given the extent of consumer information retained by Equifax, and the uses to which Equifax puts such information, it is incumbent upon Equifax to implement and maintain the strongest safeguards to protect this data," the letter said.
"Every day, consumers depend on accuracy in Equifax's credit profiles in order to buy a house, obtain a loan, lease a vehicle, or even get a job," the letter continued. "Plain and simple, the personal data that Equifax stockpiles impact many of the most important decisions in the lives of Massachusetts residents. Moreover, consumers have no choice as to whether their sensitive information is collected by and stored with Equifax."
The company's inability to secure the information "constitutes a betrayal of public trust and a violation of Massachusetts consumer protection and data privacy laws," Sara Cable and Jared Rinehimer, assistant attorneys general, wrote in the letter.
Healey's office offered tips last week to consumers after reports of the hack, saying there are ways to make identify theft more difficult for thieves.
Her office recommends people think about placing a credit freeze on their files; checking credit reports at Equifax, Experian and TransUnion for free at annualcreditreport.com; and consider filing taxes earlier before an identity thief can use a stolen Social Security number to get a tax refund or job.
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