Netgain Technology Agrees to $1.9 Million Settlement to Resolve Data Breach Litigation
Netgain Technology has agreed to settle consumer data breach litigation filed in response to a 2020 ransomware attack and data breach. Netgain will establish a $1.9 million settlement fund to cover claims from class members.
Netgain is a Minnesota-based cloud hosting and managed IT service provider with many clients in the healthcare industry. A ransomware group gained access to Netgain’s environment between September and December 2020 and deployed ransomware on November 24, 2020. The attack affected thousands of Netgain’s servers and forced it to take some of its data servers offline. The ransomware group was able to exfiltrate data in the attack, including the data of patients of its healthcare provider clients. Data stolen in the attack included names, contact information, dates of birth, Social Security numbers, medical information, and financial information.
On May 13, 2021, plaintiffs Misty Meier and Jane Doe filed a class action complaint against Netgain, alleging their personally identifiable information (PII) and protected health information (PHI) were stolen in the attack. Further lawsuits were filed by plaintiffs Susan Reichert, Mark Kalling, Sherman Moore, Robert Smithburg, Thomas Lindsay, and Robert Guertin. On August 24, 2021, a federal judge consolidated the lawsuits into a single class action complaint – In Re: Netgain Technology, LLC, Consumer Data Breach Litigation – in the United States District Court for the District of Minnesota.
The lawsuit asserted several causes of action, some of which were dismissed; however, the causes of action for negligence and declaratory judgment were allowed to proceed, and a settlement has been negotiated that has received preliminary approval from the court. Under the terms of the settlement, class members may submit claims for documented losses and lost time up to a maximum of $5,000 per class member, and after all payments have been made, any remaining funds in the settlement fund will be distributed pro rata among the class members.
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Netgain has also agreed to injunctive relief for three years from the effective date of the settlement. Netgain has agreed to adopt, continue, or implement firewall upgrades, geo-blocking, routing through secured gateways, virus prevention technology across its data environment, multi-factor authentication in its hosting environments, backup data protection, and configure its network in a secure and scalable manner.
