Status: In progress

Underwood, et al. v. Fortra LLC

The plaintiffs allege Fortra was responsible for a January data breach because it had “inadequate data security.” 

  • Deadline to file a claim: TBD
  • Proof of Purchase Required: No
  • Potential Individual Reward: TBD
  • Total Settlement Amount: TBD
  • States Involved

Abraham Jewett  |  April 19, 2023

Category: Data Breach

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The Forta logo is seen on a desktop computer behind a smartphone also showing a Fortra screen, representing the Fortra data breach class action
(Photo Credit: T. Schneider/Shutterstock)

Fortra data breach class action lawsuit overview: 

  • Who: Branton Underwood and a minor plaintiff filed a class action lawsuit against Fortra LLC. 
  • Why: Underwood and the minor plaintiff claim Fortra was responsible for a January data breach due to the software company allegedly having “inadequate data security.” 
  • Where: The class action lawsuit was filed in Minnesota federal court.
  • What are my options: SentryPC may be a good option for consumers wishing to better protect their own data.

Software company Fortra bears responsibility for a January data breach that compromised the personally identifiable information and personal health information of more than one million of its customers, a new class action lawsuit alleges. 

Plaintiff Branton Underwood, along with a minor plaintiff, claim Fortra instituted “impermissibly inadequate data security” that they argue allowed a Russian-linked hacker/ransomware group to successfully conduct the cyberattack. 

“As evidenced by the Data Breach, Defendant inadequately maintained its network, platform, and software — rendering these easy prey for cybercriminals,” the Fortra class action states. 

The data breach exposed personally identifying information including Social Security numbers, names, addresses, birthdates, employer identification numbers and driver’s license numbers, among other things, according to the class action.

Underwood and the minor plaintiff want to represent a nationwide class of all persons who had their personally identifiable information or personal health information compromised in the data breach. 

Fortra aware it was at heightened risk of suffering data breach, class action says

Underwood and the minor plaintiff argue Fortra was aware it was at a “heightened risk” of being victimized by a data breach on account of its alleged “inadequate data security” they claim left it vulnerable to “exfiltration, compromise, and theft.” 

Further, Underwood and the minor plaintiff claim Fortra “failed to provide timely notice” of the data breach to its customers, “thereby exacerbating their injuries.” 

“Ultimately, Defendant deprived Plaintiffs and Class Members of the chance to take speedy measures to protect themselves and mitigate harm,” the Fortra class action states. 

Underwood and the minor plaintiff claim Fortra is guilty of unjust enrichment, negligence and negligence per se. 

The plaintiffs are demanding a jury trial and requesting declaratory and injunctive relief along with an award of compensatory, treble and punitive damages for themselves and all class members. 

In other recent data breach news, AI chatbot ChatGPT suffered a data breach earlier this month that exposed the personal and financial information of certain ChatGPT users to a small percentage of ChatGPT Plus subscribers. 

Were you impacted by the Fortra data breach? Let us know in the comments.

The plaintiffs are represented by Karen Hanson Riebel and Kate M. Baxter-Kauf of Lockridge Grindal Nauen PLLP and John A. Yanchunis, Marcio W. Valladares and Ra O. Amen of Morgan & Morgan Complex Litigation Group. 

The Fortra data breach class action lawsuit is Underwood, et al. v. Fortra LLC, Case No. 0:23-cv-00872, in the U.S. District Court for the District of Minnesota.


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31 thoughts onFortra class action claims data breach affects 1 million customers

  1. Madison says:

    I would like to be a part of the class action.

  2. BRANDI L DAVIES says:

    Recieved a letter stating my personal information was involved in the security breach by Fortra and CHSPSC affiliates

  3. Betty Matherson says:

    Received a letter stating that my personal information had been disclosed from Forta a cybersecurity firm that contracts with CHSPSC,LLC. A PROFESSIONAL SERVICE that contracts with hospitals and clinics affiliated with Community Health Systems.. My info was disclosed between January 28 and January 30th.

  4. Nathan Vermilyer says:

    I received a letter saying my baby boy’s personal information had been compromised on January 28, and 30, 2023. Fantastic. Now I have to worry about someone stealing a baby’s identity and ruining his credit before he can even talk. Then offer me a free monitoring service after losing the information? No thanks. If there’s a way to be included in this lawsuit I would like in. I saved all of the paperwork sent to me.

  5. Christian says:

    My personal information was compromised due to this security breach, and I received a letter informing me of this, butwhy would I want premium Experian if they can’t even keep my information safe??? Please include me in this class action suit.

  6. Deborah Kay Dean says:

    This company exposed my private information. I have a letter notification from them. I’m really upset that this has happened Again . I keep my personal information private do all I can to protect myself and these companies just do not protect the consumer.

  7. Linda Webb says:

    I received a letter from Nati9ns Benefits saying my personal information had been stolen. I have insurance with Aetna. Please include me in this class action suit.

    1. Bobbie grady says:

      My child’s information was leaked as well as my Grandmother’s. Recieved a letter, and 24 months of identity survelience… that I thought was nice, but bot really any help

  8. Samantha martin says:

    I received a letter today on 5.19.2023 about the breach on January 30 2023 where do I sign up

  9. Martin A. Brent says:

    From: L. Mark Mullin, and by Medical POA Proxy, I make the following statement.
    On April 27th, 2023 a letter was sent to each of us, L. Mark Mullin, and myself, Martin A. Brent. This letter was sent by NationsBenefits Holdings, LLC. There was no apology proferred for their shortsigntedness in putting total trust in a third party secutity contractor such as Fortra, LLC. Since the most recent publicising of Russian hacking for data on Americans, it should have been a top priority to insure that such a data breach could not happen to so many thousands of us Americans. Nations Benefits, the parent of the Aetna Healthcare corporation, has allowed our personal information to be stolen, and placed on the black web for sale to those who seek to steal the property and funds from Americans. My debit card information has been stolen, used by some scumbag gamer in Mountain View, CA., and now my credit card has been cancelled by my bank due to several charges I did not make. I am on a fixed income, a Navy Veteran, and living on Social Security and my Navy Retirement, this has been a serious detriment to my ability to shop and buy food and necessities for living.

    1. Madison says:

      Amen and thank you for your service. How do we get involved in this lawsuit? Absolutely insane it took months for them to alert us of our data being stolen. This happened in January and my letter is dated June 9th. It’s like they tried to put us all at risk for as long as possible. We want JUSTICE

  10. L. Mark Mullin says:

    Sent onn April 27th, 2023, I received a letter 3 days later from NationsBenefits Holdings, LLC, informing me that on or about January 30, 2023, there was a data security incident in which a malicious actor(s) accessed or acquired the data of NationsBenefits, which is the parent company of Aetna Healthcare, which I had just selected as my non-VA private provider. I am a multiple combat wounded Marine Vietnam Veteran, who had a high security clearance. This is a serious situation for me, as I am a caregiver to another Veteran, who also signed up with Aetna at the same time, and now has had his credit card terminated due to multiple charges on it from some gamer company in Mountain View, California. First, since the vendor Fortran, LLC, who services the security of NationsBenefits, & Aetna Healthcare, et al; why did it take them nearly 90 days to alert those whose personal information was compromised? This long delayed notification alone demonstrates nothing short of corporate chaos! Had NationsBenefits seen the seriousness of this breach for what it was, a total dissemination of nearly a million American citizens personal medical and potential access to all financial data, including property deeds, home titles, savings accounts, CD’s, 401k’s, 403b’s, etc. There should have immediately commenced a dedicated call center to contact ALL those affected by this incursion into their personal data! Sitting on their hands for nearly 90 days in not only inexcusable, but highly actionable! I would hope that Morgan & Morgan actually gets off of their accolade bandwagon, and puts some serious effort into how the Russians hacked Fortra, and provide some relief to those who have been affected! Note: I sincerely hope that Fortra et al has engaged the FBI, UST, and DNI in this debacle, or maybe go private with one of these two: Bellingcat or The Intercept! Their past successes are well documented.

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