Data Breach

Progress Software Corp. Faces Class Action Over Data Breach

Updated on
Published on
Progress Software Corp. Faces Class Action Over Data Breach

In an unfolding legal drama, Jerry McDaniel and Barbara C. Cruciata, have filed a class-action lawsuit against Progress Software Corporation (PSC) and Maximus Federal Services, Inc. The plaintiffs allege that these companies failed to secure and safeguard their personally identifiable information (PII), leading to a significant data breach.


PSC, a Massachusetts-based software company, offers a range of software products and services, including cloud hosting and secure file transfer services like MOVEit. Maximus Federal Services, on the other hand, is a private contractor providing appeals services in support of the Medicare program.


The crux of the lawsuit revolves around a vulnerability in PSC's MOVEit software. This vulnerability allegedly allowed unauthorized access to files across multiple organizations, including Maximus. The data breach involved the unauthorized access and theft of PII, including names, Social Security numbers, birthdates, medical histories, insurance policy numbers, and driver's license information.


"Plaintiffs and Class Members face a current and ongoing risk of identity theft and have suffered various damages, including invasion of privacy, financial costs, loss of time and productivity, and anxiety," the complaint states. The plaintiffs argue that the defendants had a duty to properly safeguard the PII and failed to implement reasonable data security practices. This failure, they claim, occurred despite the defendants being aware of the risks and previous data breaches in the industry.


The lawsuit alleges that the defendants' failure to adequately safeguard the Private Information resulted in a data breach. This breach, they claim, led to actual injuries and damages, including invasion of privacy, out-of-pocket costs, loss of time and productivity, and the continued risk to their Private Information.


"The value of Private Information in the black market and data brokering industry is significant," the lawsuit states, highlighting the potential financial implications of the breach.


The plaintiffs are seeking a range of remedies, including compensatory damages, reimbursement of costs, future identity theft monitoring, and improvements to the defendants' data security systems. "Injunctive relief is necessary to protect against future data breaches," the complaint argues, indicating that the plaintiffs are seeking not only compensation but also preventative measures to avoid future breaches.


The lawsuit also seeks to represent a Nationwide Class and a Maximus Subclass, arguing that class action litigation is the most efficient and appropriate method for adjudicating the claims. "Plaintiffs will fairly and adequately represent the Class Members' interests," the complaint states, suggesting that the plaintiffs believe they can adequately represent the interests of others affected by the alleged data breach.


The lawsuit accuses the defendants of negligence, breach of contract, negligence per se, and unjust enrichment. The plaintiffs are seeking certification of the Class, appointment as representatives, and a jury trial.


The plaintiffs also request a declaration that the defendants' data security measures are inadequate and an order for the defendants to implement and maintain reasonable security measures. They also seek an order for the defendants to delete unnecessary Private Information and to provide education and training on data security.


"Plaintiffs request an independent third-party assessment of Defendants' compliance with the court's final judgment," the complaint states, indicating a desire for external oversight of the defendants' actions moving forward.


This lawsuit serves as a stark reminder of the importance of data security in the digital age, and the potential legal and financial implications for companies that fail to adequately protect their customers' PII.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    1:23-cv-11939
  • Filing Date:
    August 23, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    Massachusetts
  • Court:
    Massachusetts District
  • Plaintiff:
    Jerry McDaniel; Barbara C. Cruciata
  • Defendant:
    Maximus Federal Services, Inc.; Progress Software Corporation
  • Plaintiff Firm:
    Kristen Anne Johnson
  • Defendant Firm:
  • Claims Administrator:
Contributors
Jerome Andries, Esq.
Jerome Andries, Esq.
Reporter and Licensed Attorney
Weekly newsletter

Stay up to date with new class action settlements you may join.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Complaint

This browser does not support inline PDFs. Please download the PDF to view it: Download PDF

Related class action lawsuits

Read more to get notified about updates to each case.

Patelco Credit Union Faces Lawsuit Over Alleged Data Breach
Data Breach

Patelco Credit Union Faces Lawsuit Over Alleged Data Breach

Patelco Credit Union is facing a class-action lawsuit alleging inadequate data security practices that led to a data breach, violating several consumer protection laws.
Multi-Million Dollar Lawsuit Against CLEAResult Over Data Breach
Data Breach

Multi-Million Dollar Lawsuit Against CLEAResult Over Data Breach

Lawsuit alleges CLEAResult Consulting Inc. failed to secure sensitive customer data, potentially exposing thousands to identity theft and fraud.
Lulus.com Hit with Class Action over Customer Doxing Claims
Data Breach

Lulus.com Hit with Class Action over Customer Doxing Claims

Lawsuit alleges Lulus.com violated privacy laws, doxed users, and enabled third-party eavesdropping. These are all allegations at this stage.
Cornwell Quality Tools Faces Class Action Lawsuit Over Data Breach
Data Breach

Cornwell Quality Tools Faces Class Action Lawsuit Over Data Breach

Alleged data breach at Cornwell Quality Tools leads to class-action lawsuit. Plaintiff claims negligence, breach of duty, and violation of legal obligations.
Nice Pak Products Faces Class Action Over Data Breach
Data Breach

Nice Pak Products Faces Class Action Over Data Breach

Lawsuit alleges Nice Pak Products, Inc. failed to protect employees' personal information, leading to a data breach. Damages sought for negligence, violation of FTC Act.
Peoples Bank Faces Lawsuit Over Data Breach, Customers Seek Damages
Data Breach

Peoples Bank Faces Lawsuit Over Data Breach, Customers Seek Damages

Lawsuit alleges Peoples Bank's negligence led to a data breach, compromising sensitive personal information of approximately 47,590 customers.
Caesars Entertainment Faces Multi-Million Dollar Lawsuit Over Data Breach
Data Breach

Caesars Entertainment Faces Multi-Million Dollar Lawsuit Over Data Breach

Caesars Entertainment is facing a lawsuit over a data breach. Allegations include negligence, invasion of privacy, and breach of contract.
Progressive Insurance Hit with Lawsuit Over Alleged Data Breach
Data Breach

Progressive Insurance Hit with Lawsuit Over Alleged Data Breach

Progressive Casualty Insurance Company faces a lawsuit alleging failure to protect customers' personal information during a data breach, a violation of the FTC Act.
HCA Healthcare Faces Class Action Lawsuit Over Data Breach
Data Breach

HCA Healthcare Faces Class Action Lawsuit Over Data Breach

Class-action lawsuit alleges HCA Healthcare violated data privacy laws, leading to a massive data breach affecting millions of patients.
PurFoods Faces Lawsuit Over Massive Data Breach: Damages Sought
Data Breach

PurFoods Faces Lawsuit Over Massive Data Breach: Damages Sought

Douglas and Goodon allege PurFoods' negligence led to a massive data breach, violating HIPAA and FTC Act, and seek damages for the compromised private information.
PurFoods Faces Multi-Million Dollar Lawsuit Over Alleged Data Breach
Data Breach

PurFoods Faces Multi-Million Dollar Lawsuit Over Alleged Data Breach

Lawsuit alleges PurFoods, also known as Mom's Meals, failed to protect customer data, leading to a breach affecting over 1.2 million individuals.
TMG Health Faces Lawsuit Over Alleged Data Breach
Data Breach

TMG Health Faces Lawsuit Over Alleged Data Breach

Lawsuit alleges TMG Health failed to protect clients' sensitive information, leading to a potential data breach. The company is accused of violating HIPAA and other laws.
MAPFRE Faces Lawsuit Over Alleged Privacy Violations - Damages Sought
Data Breach

MAPFRE Faces Lawsuit Over Alleged Privacy Violations - Damages Sought

Brian Conway files a lawsuit against MAPFRE and The Commerce Insurance Company for allegedly violating the DPPA by disclosing drivers' license numbers.
Rite Aid Faces Lawsuit Over Alleged Data Breach, Plaintiffs Seek Compensation
Data Breach

Rite Aid Faces Lawsuit Over Alleged Data Breach, Plaintiffs Seek Compensation

Rite Aid Corporation is accused of negligence and violation of data security and privacy laws in a lawsuit following a data breach that allegedly exposed customer information.
Clients Seek Damages from Regal Securities in Lawsuit Over Data Breach
Data Breach

Clients Seek Damages from Regal Securities in Lawsuit Over Data Breach

Lawsuit alleges Regal Securities, Inc. mishandled personal data, leading to a breach. Clients seek damages for negligence and violation of Illinois consumer protection laws.
Jackson National Life Insurance Faces Multi-Million Dollar Lawsuit Over Data Breach
Data Breach

Jackson National Life Insurance Faces Multi-Million Dollar Lawsuit Over Data Breach

Lawsuit alleges Jackson National Life Insurance Company failed to protect customers' personal data, leading to a data breach. Plaintiffs seek damages for invasion of privacy, lost productivity, and increased risk of identity theft.
Advance America Faces Lawsuit Over Data Breach, Plaintiff Seeks Damages
Data Breach

Advance America Faces Lawsuit Over Data Breach, Plaintiff Seeks Damages

Lawsuit alleges Advance America failed to secure and safeguard personally identifiable information, leading to a data breach.
Progress Software Corp. Faces Class Action Over Data Breach
Data Breach

Progress Software Corp. Faces Class Action Over Data Breach

A class-action lawsuit alleges that Progress Software Corporation and Maximus Federal Services failed to safeguard customers' personally identifiable information, leading to a significant data breach.
AMM Faces Class Action Lawsuit Over Data Breach, Plaintiffs Seek Damages
Data Breach

AMM Faces Class Action Lawsuit Over Data Breach, Plaintiffs Seek Damages

Lawsuit alleges Advanced Medical Management, LLC failed to protect sensitive personal data of over 300,000 individuals, leading to a data breach.
Mondelez Global Data Breach Class Action: 51k People Impacted
Data Breach

Mondelez Global Data Breach Class Action: 51k People Impacted

Mondelez Global LLC faces a class action lawsuit for allegedly failing to protect personal data, leading to a breach. The plaintiff seeks at least $5 million in damages.
Class Action Lawsuit - Ipswitch, Inc. & Progress Software Data Breach
Data Breach

Class Action Lawsuit - Ipswitch, Inc. & Progress Software Data Breach

Class action lawsuit alleges Ipswitch, Inc. and Progress Software Corporation's negligence led to a data breach, exposing sensitive personal information.
PharMerica Corporation Class Action Filed Over Data Breach
Data Breach

PharMerica Corporation Class Action Filed Over Data Breach

Pharmerica Corporation is facing a class action lawsuit alleging negligence in protecting customers' private information, potentially leading to a data breach.
Kraemer North America Faces Class Action Over Data Breach
Data Breach

Kraemer North America Faces Class Action Over Data Breach

Kraemer North America is facing a class-action lawsuit over an alleged data breach. The lawsuit alleges the company failed to secure employees' data and notify them promptly.
Apria Healthcare Class Action: Alleged Data Breach
Data Breach

Apria Healthcare Class Action: Alleged Data Breach

Lawsuit alleges Apria Healthcare failed to protect customer data, leading to a data breach.
$5 Million Lawsuit - Veridian Credit Union's Alleged Data Breach
Data Breach

$5 Million Lawsuit - Veridian Credit Union's Alleged Data Breach

Class action lawsuit alleges Veridian Credit Union failed to protect customer data, violating multiple laws.
Albertsons Data Breach: Class Action Lawsuit at least $5m
Data Breach

Albertsons Data Breach: Class Action Lawsuit at least $5m

Lawsuit alleges Albertsons Companies failed to protect personal information of customers in a data breach, violating privacy and security laws.