I think the point OP was making that if the data hasn't surfaced, then you cannot confirm if a particular case of identity theft has been caused by the breach.
That's a fair line of thought, but their comment was: data hasn't surfaced -> can't know where an identity theft came from -> Equifax petitioners lose their right to the settlement
When the reality is: Equifax agreed to pay a settlement -> Equifax has not yet paid yet (and whether the material surfaces or not was not a stipulation of the settlement that they agreed to)
What it really comes down to, is if "data hasn't surfaced" means "we dont know if the data was used" or if "data hasn't surfaced" is something you can prove hasnt happened. It's the difference between "we dont know" or "we know your identity theft wasnt related to this."
