You don't think Equifax have lawyers? Of course they do, and they know that the clause exists. Just having the clause in the first place is a conspiracy to abuse consumers.
What I mean is that I don't think anybody specifically was thinking "Aha! We can put this clause in there today, and we've got a free out! Hooray!", precisely because even if it did work as putatively designed, it wouldn't work, and they'd completely know it. It isn't even useful as a "throw the spaghetti against the wall and see what sticks" maneuver.
To believe that this clause is related to this matter is to require not merely mendacity (believable), not merely stupidity (believable), but an unbelievably precise combination of mendacity and stupidity that can only be read as constructing a rationalization for a pre-supposed conclusion.
To believe that this clause is related to this matter is to require not merely mendacity (believable), not merely stupidity (believable), but an unbelievably precise combination of mendacity and stupidity that can only be read as constructing a rationalization for a pre-supposed conclusion.