Yeah, I'm not sure the arbitration language is applicable here anyway. The claims would arise from Experian's failure to secure their data, not from use of the "Products" offered by TrustedID (namely, the website allowing me to check) or the subject matter of the Terms of Use agreement.
Their FAQ [1] now appears to explicitly say so: that the class-action waiver and arbitration agreement only apply to disputes over the credit-monitoring product itself, not over the original breach. I don't know if they have some way to still weasel out of that, but publishing that clarification on their website seems like it'd make it harder?
Do the TrustedID Terms of Use limit my options related to the cyber security incident?
The arbitration clause and class action wavier included in the TrustedID Premier Terms of Use applies to the free credit file monitoring and identity theft protection products, and not the cybersecurity incident.
