For me, it was unsuccessful. They sent out a representative and we argued away from a judge (forget the term used) and I decided not to see the judge because if I argued before him and lost, I would be "unable" to bring it before a judge again.
I've heard of this tactic working for certain consumers (like in the article above) but for me what was hard to establish via small claims court, was how exactly I was facing monetary damages. Most lawsuits allow punitive damages, but small claims court does not, so you have to prove exactly how you were monetarily damaged.
That being said, I would definitely be down to sue them in small claims court again using a better strategy. I would also join a class action lawsuit.
I'm planning to do this (small claims court). When I looked into it a year ago I did not have confirmation that Equifax did business in the juristiction, which was a requirent. My previous employer (I'm still on their payroll as a part time employee) recently notified me that they are now participating in Equifax's "The Work Number" so I'm going to request my data in a month or so as confirmation of Equifax operating in this jurisdiction. I plan to claim damages as the service cost of enhanced credit monitoring service in perpetuity, at least up to the limit of $6,500. Any thoughts on this approach? What did you declare as damages and what was the representatives rebuttal?
Usually in front of the judge in small claims nobody is allowed a lawyer. You could argue that you now need unlimited credit monitoring on all credit reporting agencies. The most likely outcome is that they would agree to this. Honestly, I think Congress should just mandate that they be required to have free monitoring, free locks, free reports... basically any personal inquiry should be free.
