A class action filed in Florida against Atlanta-based Equifax Inc. points to a catch-22 that Equifax has since eliminated.

The company offered “free” credit monitoring and identity theft protection tools to consumers affected by the massive data breach, waiving its monthly $19.95 fee.

But, there was a catch, according to the lawsuit pending in the U.S. District Court for the South District of Florida. In order to get these products to protect against potential fallout from the hack, clients had to surrender some of their legal rights by signing an arbitration provision and class action waiver.

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