Class Action vs.. Progress Software, Delta Dental Is Transferred to MOVEit Data Breach MDL

A lawsuit against Progress Software Corp. and Delta Dental is the lone class action transferred in conditional transfer order 37 (CTO-37) (docket 3083) to In Re: MOVEit Customer Data Security Breach Litigation in U.S. District Court for Massachusetts in Boston Monday. Shannon Harker’s March 25 negligence complaint alleges PSC and Delta Dental failed to provide timely notice of PSC’s May data breach in its MOVEit cloud hosting and file transfer service, which insurer Delta Dental used to transfer or store the sensitive information of its 45 million customers, said the complaint (docket 3:24-cv-01830). Though PSC claimed to have notified its customers immediately upon learning of the vulnerability on May 31, and both defendants “knew as early as July 6" that Delta Dental’s customers’ information was involved in the breach, they didn’t notify Delta customers of the breach until Jan. 12, said the complaint. Since the Judicial Panel on Multidistrict Litigation transferred five actions involving the MOVEit breach to the Massachusetts court, 218 additional actions have been transferred, said the order, which is stayed for seven days to allow any party to file a notice of opposition.