Morris v. Progress Software Corporation et al.
Case No. 1:24-cv-11807-ADB (D. Mass.)
If you received notice from Ernst & Young LLP that your personally identifying information was potentially compromised in the
2023 MOVEit Security Incident, you may be entitled to a payment from a class action settlement.
A Settlement has been proposed in a class action lawsuit against Ernst & Young LLP (“EY”) and Bank of America Corporation (“BOA”, collectively with EY, “Defendants”). The Settlement resolves claims against Defendants brought by an individual impacted by the MOVEit Security Incident as it relates to Personally Identifying Information (“PII”) provided by BOA to EY. The MOVEit Security Incident occurred between May 27 and May 31, 2023 and resulted from an alleged vulnerability in the third-party file transfer software, MOVEit Transfer, that EY used in its ordinary course of business to handle certain BOA data that included PII belonging to some of BOA’s customers. Claims against Progress Software Corporation (“Progress”) the licensor of the MOVEit software, have not been resolved and the litigation will continue against Progress.
This matter is a putative class action (the “Litigation”) arising from the MOVEit Security Incident whereby between May 27, 2023, and May 31, 2023, cybercriminals gained unauthorized access to the MOVEit file transfer software that was used by, among many others, EY, resulting in potential access to certain PII that was provided to EY by BOA. The lawsuit asserts claims against Defendants for alleged negligent data security practices.
Defendants deny any allegation of wrongdoing and deny that Plaintiff would prevail or be entitled to any relief should this matter proceed to be litigated.
You are included in the Settlement as a “Settlement Class Member” if you are a living person in the United States whose PII was included in the files affected by the Security Incident. The following are not included in the Settlement Class: (i) Defendants, any entity in which Defendants have a controlling interest, and Defendants’ officers, directors, legal representatives, successors, subsidiaries, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly opts out of the Settlement.
Under the Settlement, Defendants will pay $2,500,000 into a Settlement Fund which will be used to pay all valid claims made by Settlement Class Members, notice and administration costs, a service award to the Settlement Class Representative, and Class Counsel’s attorneys’ fees and expenses.
Settlement Class Members may file a claim to receive either:
(1) reimbursement of qualifying documented ordinary losses up to $2,500 and reimbursement of qualifying documented extraordinary losses up to $10,000; or
(2) an alternative cash payment of $100, all of which are subject to pro rata reduction or increase pending total claim submission.
All Settlement Class Members may also file a claim to receive two (2) years of identity theft protection services.
You must complete and submit a Claim Form by October 8, 2026. Claim Forms may be submitted online here using the Claimant ID and Pin on the notice you received. You may also download a paper Claim Form here and mail it to the address on the form so that it is postmarked by October 8, 2026.
As of December 24, 2025, the USPS has made changes to their postmark dating system. With the current changes, Settlement Class Members who now mail their Claim Form close to the claim deadline may have a postmark that reflects when the claim reaches a USPS automated processing operation rather than when it was received by the USPS. Depending upon the proximity of the Settlement Class Member to the automated processing facility, the postmark may be a few days after initial receipt by the USPS, possibly resulting in a late claim submission. To ensure your Claim Form is treated as timely, if submitting by mail, allow extra time for processing by the USPS. For the avoidance of doubt, you may also submit your claim online here, using the Claimant ID and Pin provided on your notice.
| SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS | DEADLINE | |
| SUBMIT A CLAIM FORM | The only way to receive a payment. | Online or postmarked by October 8, 2026. |
| EXCLUDE YOURSELF BY OPTING OUT | Get no payment. Keep your right to file your own lawsuit against Defendants for the same claims resolved by this Settlement. Please note that if you opt out, you cannot also object to the Settlement. See question 17 of the Long Form Notice for details on how to exclude yourself from the settlement. |
Postmarked by September 8, 2026. |
| OBJECT TO THE SETTLEMENT AND/OR ATTEND A HEARING | Tell the Court the reasons why you do not believe the Settlement should be approved. You can also ask to speak to the Court at the hearing on October 15, 2026 about the fairness of the Settlement, with or without your own attorney. See question 20 of the Long Form Notice for details on how to comment on or object to the settlement. |
Postmarked by September 8, 2026. |
| DO NOTHING | Get no payment and be bound by the terms of the Settlement. | |
These rights and options—and the deadlines to exercise them—are explained in the Long Form Notice.
The Court will hold a Final Approval Hearing at 1:00 p.m. on October 15, 2026, in Courtroom 17, at the federal courthouse located at 1 Courthouse Way, Boston, Massachusetts 02210 before Judge Allison D. Burroughs. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate; Class Counsel’s application for attorneys’ fees and expenses; and whether to approve the service award to the Settlement Class Representative. If there are objections, the Court will consider them. The Court may choose to hear from people who have asked to speak at the hearing. At or after the hearing, the Court will decide whether to approve the Settlement.
The Court may reschedule the Final Approval Hearing or the Final Approval Hearing may change without further notice to the Settlement Class Members. Be sure to check this website for updates.