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The Equifax breach affecting as many as 143 million U.S. consumers highlights the segmented legal landscape surrounding data security as well as the challenges of regulating it.  News reports indicate that federal agencies, including the FTC, and a number of  state Attorneys General either are or have been called to investigate Equifax and a number of class actions have already been filed.

Some commentators have suggested that the Equifax breach requires a regulatory response, but it is not clear that regulation would have prevented the breach.

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