October 16, 2021

Volume XI, Number 289

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October 15, 2021

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October 14, 2021

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Blackbaud Must Face CCPA Claims in Multidistrict Class Action from Data Breach

Blackbaud, which suffered a data breach of its customers’ data in a ransomware attack in 2020, in which it admitted paying the ransom in a double extortion attack, is facing multiple class action cases following the attack. The cases have been consolidated in multi-district litigation and now comprise 29 cases.

The federal judge overseeing the cases has refused to dismiss all of the claims that the plaintiffs alleged against Blackbaud, and ruled that Blackbaud must face claims of violation of the California Consumer Privacy Act (CCPA), deceptive and unfair trade practice allegations made by Florida and New York plaintiffs, and a separate claim by a California plaintiff alleging the compromise of medical information.

The judge declared that the plaintiffs had sufficiently alleged that Blackbaud was a “business” as that term is defined in CCPA partly because Blackbaud was a registered data broker in the state of California.

The judge did dismiss several state statutory claims that had been made by the plaintiffs.

Copyright © 2021 Robinson & Cole LLP. All rights reserved.National Law Review, Volume XI, Number 231
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About this Author

Linn F. Freedman, Robinson Cole Law Firm, Cybersecurity and Litigation Law Attorney, Providence
Partner

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She provides guidance on data privacy and cybersecurity compliance to a full range of public and private clients across all industries, such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine, and charitable organizations. Linn is a member of the firm's Business Litigation Group and chairs its Data Privacy + Cybersecurity Team. She is also a member of the Financial Services Cyber-Compliance Team (CyFi ...

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