Notice of Ernst & Young LLP and Bank of America
Corporation MOVEit Security Incident Class Action Settlement
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 federal court has authorized this Notice. This is not a solicitation from a lawyer.
Please read this Notice carefully and completely, as your legal rights are affected whether
you act or don’t act.
THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY.
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.
Under the proposed Settlement, you may be eligible to receive two (2) years of credit
monitoring and identity theft protection services in addition to reimbursement of
qualifying documented ordinary losses up to $2,500; reimbursement of qualifying
documented extraordinary losses up to $10,000; or an alternative cash payment of up to
$100 (subject to pro rata reduction or increase pending total claim submission). To
receive a cash payment and/or credit monitoring services, you must complete and timely
submit a Claim Form, subject to approval by the Settlement Administrator.
Please read this notice carefully. Your legal rights will be affected, and you have a
choice to make now.
Questions? Go to www.MoveitSettlementEYBOA.com or call 888-295-3216.
Summary of Your Legal Rights and Options Deadline
SUBMIT A CLAIM The only way to receive a payment. Online or Postmarked
FORM by October 8, 2026.
EXCLUDE Get no payment. Keep your right to file your Postmarked by
YOURSELF BY own lawsuit against Defendants and the September 8, 2026.
OPTING OUT relevant data provider for the same claims
resolved by this Settlement. Please note that
if you opt out, you cannot also object to the
Settlement.
OBJECT TO THE Tell the Court the reasons why you do not Received by
SETTLEMENT believe the Settlement should be approved. September 8, 2026.
AND/OR ATTEND A You can also ask to speak to the Court at the
HEARING hearing on October 15, 2026 at 1:00 P.M.
about the fairness of the Settlement, with or
without your own attorney.
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 this
notice.
The Court in charge of this case still has to decide whether to approve the Settlement.
Payments will be made if the Court approves the Settlement after any appeals are
resolved.
Questions? Go to www.MoveitSettlementEYBOA.com or call 888-295-3216.
WHAT THIS NOTICE CONTAINS
BASIC INFORMATION ............................................................................................................. 5
1. Why did I get this notice?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
WHO IS IN THE SETTLEMENT .............................................................................................. 6
5. Who is in the settlement?
6. Are there exceptions to being included?
7. What should I do if I’m not sure whether I am included?
THE SETTLEMENT BENEFITS............................................................................................... 6
8. What does the Settlement provide?
9. What can I get from the Settlement?
10. What am I giving up if I stay in the class?
HOW TO GET A PAYMENT – MAKING A CLAIM ............................................................. 8
11. How can I get a payment?
12. How much will my payment be?
13. When will I get my payment?
THE LAWYERS REPRESENTING YOU.....................................................................................................9
14. Do I have a lawyer in this case?
15. Should I get my own lawyer?
16. How will the lawyers be paid?
EXCLUDING YOURSELF FROM THE SETTLEMENT .................................................................... 10
17. How do I get out of the Settlement?
18. If I am a settlement class member and don’t opt out, can I sue the
Defendants for the same thing later?
19. What happens if I opt out?
COMMENTING ON OR OBJECTING TO THE SETTLEMENT ............................................ 11
20. How do I tell the Court I don’t like the settlement?
21. What’s the difference between objecting and opting out?
Questions? Go to www.MoveitSettlementEYBOA.com or call 888-295-3216.
THE COURT’S FINAL APPROVAL HEARING .................................................................. 12
22. When and where will the Court decide whether to approve the Settlement?
23. Do I have to come to the Final Approval Hearing?
24. May I speak at the hearing?
IF I DO NOTHING ....................................................................................................................13
25. What happens if I do nothing at all?
GETTING MORE INFORMATION........................................................................................ 13
26. Are more details about the Settlement Available?
27. How do I get more information?
Questions? Go to www.MoveitSettlementEYBOA.com or call 888-295-3216.
BASIC INFORMATION
1. Why did I get this notice?
You received this notice because you have been identified as a person whose PII may have been
accessed or compromised during the 2023 MOVEit Security Incident as it relates to PII provided
by data owners to Defendants. A similarly situated individual brought a proposed class action
lawsuit against Defendants in 2024, alleging that Defendants were negligent due to their data
security practices. Defendants deny the allegations and deny that they would be found liable. The
parties have now reached a proposed settlement of the lawsuit.
A court authorized this notice to inform you about your rights under the proposed class action
Settlement before the Court decides whether to approve the Settlement. If the Court approves the
Settlement, and after objections and appeals are resolved, a Settlement Administrator appointed
by the Court will make the payments that the Settlement allows, and the pending legal claims
against Defendants and certain others, will be released and dismissed.
This package explains the lawsuit, the Settlement, your rights, what benefits may be available,
who is eligible for them, and how to receive them. Judge Allison D. Burroughs of the United States
District Court for the District of Massachusetts is in charge of this case. The case is Morris v.
Progress Software Corporation et al., Case No. 1:24-cv-11807-ADB (D. Mass.), which has been
coordinated with In re: MOVEit Customer Data Security Breach Litig., MDL No. 1:23-md-03083-
ABD (D. Mass.).
2. What is this lawsuit about?
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.
3. What is a class action?
In a class action, one or more people called “Class Representative(s)” sue on behalf of themselves
and other people who have similar claims. This group of people is called the “class,” and the people
in the class are called “Settlement Class Members” or the “Settlement Class.” One court resolves
the issues for all Settlement Class Members, except for people who exclude themselves from the
class. The person or persons who sue are called the Plaintiff(s). The entities sued—EY and BOA—
are called the Defendants.
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4. Why is there a Settlement?
The Court did not decide in favor of Plaintiff or Defendants. Instead, both sides agreed to a
settlement. That way, they avoid the costs and risks of a trial, and Settlement Class Members can
get benefits or compensation. The Settlement Class Representative and Class Counsel think the
Settlement is in the best interest of the Settlement Class.
WHO IS IN THE SETTLEMENT?
5. Who is in the Settlement?
The Settlement Class is defined as: “all living persons in the United States whose PII was included
in the files affected by the Security Incident,” subject to the exceptions in #6 immediately below.
The “Security Incident” means the MOVEit data security incident occurring in May 2023 that
resulted from a vulnerability of Progress’s MOVEit Transfer software, but for the purposes of this
Agreement only to the extent in which it related to services provided by EY to BOA, including PII
in documents provided by BOA to EY.
6. Are there exceptions to being included?
Yes, 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.
7. What should I do if I am not sure whether I am included?
If you are not sure whether you are included in the Settlement Class, you can ask for free help by
calling the Settlement Administrator, RG2 Claims Administration, LLC (“RG2”), at 1-888-295-
3216, email [email protected], or you can visit
MoveitSettlementEYBOA.com for more information.
THE SETTLEMENT BENEFITS
8. What does the Settlement Provide?
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
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Members may also file a claim to receive two (2) years of credit monitoring and identity theft
protection services.
If the total value of all valid claims exceeds the Net Settlement Fund (the monies remaining in the
Settlement Fund after the notice and administration costs, service award, and attorneys’ fees and
expenses are deducted), the reimbursements will be reduced pro rata. In the event all valid claims
do not exhaust the Net Settlement Fund, the alternative cash payments will be increased pro rata,
up to $1,000. If any money remains in the Net Settlement Fund 180 days after the Settlement’s
Effective Date, any remaining monies will be used to extend the credit monitoring and identity
theft protection services claimed by Settlement Class Members. No part of the Settlement Fund
will revert back to Defendants.
9. What can I get from the Settlement?
Settlement Class Members may file a claim for one or more of the following settlement benefits:
Credit Monitoring and Identity Theft Protection Services: settlement Class Members may file a
claim to receive (2) years of three-bureau credit monitoring and identity theft protection services
that will include: (i) dark web monitoring with user notification if potentially unauthorized use of
a Settlement Class Member’s personally identifiable information is detected; (ii) identity theft
insurance of up to $1 million United States Dollars; (iii) real-time credit monitoring with Equifax,
Experian, and TransUnion; and (iv) access to fraud resolution and identity theft restoration agents.
In addition to credit monitoring and identity theft protection services, Settlement Class Members
may file claims for:
Reimbursement of Ordinary Losses: Settlement Class Members may file a claim for
reimbursement of ordinary losses up to $2,500 (inclusive of up to four (4) hours of lost time at $25
per hour (up to $100 total)) incurred as a result of the MOVEit Security Incident. Such ordinary
losses include, but are not limited to, bank fees, long distance phone calls, cell phone charges (only
if charged by the minute), data charges (only if based on the amount of data used), postage, or
gasoline for local travel.
Reimbursement of Extraordinary Losses: Settlement Class Members may file a claim for
reimbursement of up to $10,000 in compensation for proven monetary losses. In order to receive
reimbursement of extraordinary losses, the loss must: (1) be an actual, documented, and
unreimbursed monetary loss; (2) the loss was more likely than not caused by the MOVEit Security
Incident; (3) the loss occurred between May 31, 2023, and the close of the Claims Period; and (4)
the loss is not covered by one or more of the reimbursement for ordinary losses categories.
Alternative Cash Payment: in lieu of filing claims for reimbursement of ordinary or extraordinary
losses, Settlement Class Members may elect to file a claim to receive an $100 cash payment
(subject to the potential pro rata reduction or increase described above) without the need to
document losses or attest to time spent as a result of the MOVEit Security Incident.
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10. What am I giving up if I stay in the Class?
If you are a Settlement Class Member and you do not exclude yourself from the Settlement, you
will give up your right to sue, continue to sue, or be part of any other lawsuit against Defendants
and other released parties concerning the claims released by this Settlement. The “Releases”
section in the Settlement Agreement describes the legal claims that you give up if you remain in
the Settlement Class. The entire text of the Settlement Agreement can be viewed at
www.MoveitSettlementEYBOA.com.
How to Get a Payment – Making A Claim
11. How can I get a payment?
You must complete and submit a Claim Form by October 8, 2026. Claim Forms may be submitted
online at www.MoveitSettlementEYBOA.com or printed from the website and mailed to the
address on the form.
Be sure to read the Claim Form instructions carefully, include all required information, and your
signature.
The Settlement Administrator will review your claim to determine the validity and amount of your
payment.
12. How much will my payment be?
The amount of your payment will depend on the approved amount of your claim and the total value
of all approved claims.
If you are seeking reimbursement for ordinary and/or extraordinary expenses under the Settlement,
you must describe the expenses, their amount, and when and why you incurred them. You must
also attest that you incurred those losses in response to the MOVEit Security Incident in this case.
Your claim must be reasonably documented – you must enclose or upload documentation
sufficient to show (1) the amount of unreimbursed loss that you suffered, and (2) why you believe
that the loss is reasonably attributable to the MOVEit Security Incident in the case. Documents for
financial expenses may include credit card or bank statements, emails, invoices, receipts, or
telephone records, including photographs of the same. Personal statements or declarations are not
considered reasonable documentation, but they may be used to provide clarification, context, or
support for other documentation.
13. When will I get my payment?
The Court will hold a Final Approval Hearing on October 15, 2026 at 1:00 p.m. in Courtroom 17
before Judge Allison D. Burroughs of the United States District Court for the District of
Massachusetts, John Joseph Moakley U.S. Courthouse 1 Courthouse Way, Boston, Massachusetts
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02210, to decide whether to approve the Settlement. Payments will be made after the Settlement is
approved and becomes final (meaning there is no appeal from the order approving the Settlement
or all appeals have been rejected). Updates regarding the Settlement will be posted on the
Settlement Website, www.MoveitSettlementEYBOA.com.
THE LAWYERS REPRESENTING YOU
14. Do I have a lawyer in this case?
The Court appointed E. Michelle Drake of Berger Montague, PC, Gary F. Lynch of Lynch
Carpenter, LLP, Douglas J. McNamara of Cohen Milstein Sellers & Toll PLLC, Karen H. Riebel
of Lockridge Grindal Nauen PLLP, Charles E. Schaffer of Levin Sedran & Berman LLP, and
Kristen A. Johnson of Hagens Berman Sobol Shapiro LLP as attorneys to represent the Settlement
Class. These lawyers are called Class Counsel. You will not be charged for their services.
15. Should I get my own lawyer?
If you want your own lawyer, you may hire one, but you will be responsible for any payment for
that lawyer’s services. For example, you can ask your own lawyer to appear in court for you if you
want someone other than Class Counsel to speak for you. You may also appear for yourself without
a lawyer.
16. How will the lawyers be paid?
The attorneys representing the Settlement Class have not yet received any payment for their legal
services or any reimbursement of the costs or out-of-pocket expenses they have incurred. Class
Counsel plans to ask the Court for an award of attorneys’ fees of up to one-third of the Settlement
and reimbursement of reasonable expenses. Class Counsel will file their request for attorneys’ fees
and expenses as a percentage of the Settlement Fund.
The Settlement Class is represented by one named individual (the “Settlement Class
Representative”). In addition to the benefits that the Settlement Class Representative will receive
as member of the Settlement Class – and subject to the approval of the Court – Class Counsel will
request a service award, not to exceed $2,500, to the Settlement Class Representative for the efforts
he has expended on behalf of the Settlement Class. Any Court-approved service award will be paid
from the Settlement Fund.
The Court will determine whether to approve the amount of attorneys’ fees and expenses requested
by Class Counsel and the proposed service award to the Class Representative. Class Counsel will
file an application for attorneys’ fees and expenses, and service award no later than August 18,
2026. The application will be available on the Settlement Website,
www.MoveitSettlementEYBOA.com, or you can request a copy by contacting the Settlement
Administrator.
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EXCLUDING YOURSELF FROM THE SETTLEMENT
17. How do I get out of the Settlement?
If you are a Settlement Class Member and you do not want the benefits from the Settlement, and
you want to keep your right, if any, to sue Defendants on your own about the legal issues in this
case, then you must take steps to get out of the Settlement. This is called excluding yourself from—
or “opting out” of—the Settlement Class.
You may opt out of the Settlement by September 8, 2026. To opt out, you must send a letter or
postcard via U.S. mail to the address below. You must include the following in your letter or
postcard:
The name of this Litigation, or a decipherable approximation (Morris v. Progress Software
Corporation et al., Case No. 1:24-cv-11807-ADB (D. Mass.));
Your full name, address, telephone number, and signature;
The words “Opt-Out” or “Requests for Exclusion” at the top of the document or a statement
that you want to opt out of the settlement; and
If you are filing a request for exclusion on behalf of an incapacitated or deceased Settlement
Class Member for whom you are legally authorized to act, you must include your name,
address, phone number, signature, and relationship to the Settlement Class Member, as
well as that person’s name and address.
You must mail your opt-out request via First-Class postage prepaid U.S. Mail, postmarked no later
than September 8, 2026 to:
EY and BOA Settlement
ATTN: Exclusion
c/o RG/2 Claims Administration
P.O. Box 59479
Philadelphia, PA 19102-9479
If you fail to include the required information, your request will be deemed invalid and you will
remain a Settlement Class Members and be bound by the Settlement, including all releases.
18. If I am a Settlement Class Member and don’t opt out, can I sue the Defendants for the
same thing later?
No. You must opt out of the Settlement to keep your right to sue Defendants or other released
parties for any of the claims resolved by the Settlement.
19. What happens if I opt out?
If you opt out of the Settlement, you will not have any rights as a member of the Settlement Class.
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You cannot submit a Claim and you will not receive a payment as part of the Settlement. You will
not be bound by the Settlement, releases or by any further orders or judgments in this case. You
will keep the right, if any, to sue on the claims alleged in the case at your own expense.
In addition, if you opt out of the Settlement, you cannot object to this Settlement because the
Settlement no longer affects you. If you object to the Settlement and request to exclude yourself,
your objection will be voided and you will be deemed to have excluded yourself.
COMMENTING ON OR OBJECTING TO THE SETTLEMENT
20. How do I tell the Court if I don’t like the Settlement?
If you are a Settlement Class Member and you do not opt out of the Settlement, you can object to
the Settlement if you do not think it is fair, reasonable, or adequate. You can give reasons why you
think the Court should not approve it. You cannot ask the Court to change or order a different
settlement; the Court can only approve or deny this Settlement. If the Court denies approval, no
settlement payments will be sent out and the lawsuit will continue. If that is what you want to
happen, you must object.
You may object to any part of the proposed Settlement in writing. If you submit a timely objection
confirming your in-person appearance, you may also appear at the Final Approval Hearing, either
in person or through your own attorney. If you appear through your own attorney, you are
responsible for paying that attorney.
Your objection must be in writing and must:
Clearly identify the name and case number of this Litigation or a decipherable
approximation (Morris v. Progress Software Corporation et al., Case No. 1:24-cv-11807-
ADB (D. Mass.));
Include your full name, address, telephone number, and email address;
Include the full name, address, telephone number, and email address of your counsel (if
you are represented by counsel);
State whether the objection applies only to you, to a specific subset of the Class, or to the
entire Class, and also state with specificity the grounds for the objection;
Confirm whether you intend to personally appear and/or testify at the Final Approval
Hearing and if so, whether you are or will be represented by counsel; and
Provide your signature and the signature of your duly authorized counsel or other duly
authorized representative.
Any objection must be either filed electronically with the Court or mailed to the Clerk of Court, at
the address set forth below. The objection must be filed with the Court – or if mailed it must be
postmarked – no later than September 8, 2026.
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United States District Court for the District of Massachusetts
Clerk of Court
John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210
21. What’s the difference between objecting and opting out?
Objecting is telling the Court that you don’t like something about the Settlement. You can object
to the Settlement only if you are a Settlement Class Member and do not opt out of the Settlement.
Opting out of the Settlement is telling the Court that you don’t want to be part of the Settlement.
If you opt out of the Settlement, you cannot object to it because it does not affect you.
THE COURT’S FINAL APPROVAL HEARING
22. When and where will the Court decide whether to approve the settlement?
The Court will hold a Final Approval Hearing at 1:00 p.m. on October 15, 2026, in Courtroom 17,
5th Floor 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. There is no deadline by which the Court must make its decision.
The Court may reschedule the Final Approval Hearing or change any of the deadlines described
in this notice. The date of the Final Approval Hearing may change without further notice to the
Settlement Class Members. Be sure to check the website, www.MoveitSettlementEYBOA.com,
for updates. You can also access the case docket via the Court’s Public Access to Court Electronic
Records (PACER) system at https://ecf.mad.uscourts.gov.
Class Counsel will file a motion for final approval of the Settlement by September 15, 2026.
Objectors, if any, must file any response to Class Counsel’s motion by September 28, 2026.
Responses to any objections and any replies in support of final approval of the Settlement and/or
Class Counsel’s application for attorneys’ fees, costs, and expenses, and Service Award will be
filed by October 5, 2026.
23. Do I have to come to the Final Approval Hearing?
No. Class Counsel will answer any questions the Court may have. You may attend at your own
expense if you wish. If you send an objection, you do not have to come to the hearing to talk about
it. As long as you mailed or filed your written objection on time, the Court will consider it. You
may also pay your own lawyer to attend, but it is not necessary.
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24. May I speak at the hearing?
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must
include a statement in your written objection (see Question 20) that you intend to appear at the
hearing. Be sure to include your name, address, and signature as well. You cannot speak at the
hearing if you opt out or exclude yourself from the Class.
IF I DO NOTHING
25. What happens if I do nothing at all?
If you are a Settlement Class Member and do nothing, you will not get any money from this
Settlement, and you will not be able to sue the Defendants or other released parties for the claims
released by the Settlement Agreement.
GETTING MORE INFORMATION
26. Are more details about the Settlement available?
This notice summarizes the proposed Settlement – more details are in the Settlement Agreement
and other case documents available at www. MoveitSettlementEYBOA.com, by accessing the
docket in this case through the Court’s Public Access to Court Electronic Records
(PACER) system at https://ecf.mad.uscourts.gov, or by visiting the office of the Clerk of the
Court for the United States District Court for the District of Massachusetts, 1 Courthouse Way,
Suite 2300, Boston, Massachusetts 02210, between 8:30 a.m. and 4:30 p.m., Monday through
Friday, excluding Court holidays.
27. How do I get more information?
Visit the website, www.MoveitSettlementEYBOA.com, where you will find more information,
including the Claim Form, a copy of the Settlement Agreement, and answers to questions about
the Settlement and other information to help you determine whether you are eligible for a payment.
Contact the Settlement Administrator, RG2, at 1-888-295-3216, or by email at
[email protected] or by writing to RG/2 Claims Administration, Attn:
EY and BOA Settlement at:
RG/2 Claims Administration
P.O. Box 59479
Philadelphia, PA 19102-9479
Speak with Class Counsel by calling (412) 322-9243 or by writing to: EY and BOA Class Action,
Lynch Carpenter, LLP, Attn: Gary F. Lynch 1133 Penn Avenue, 5th Floor, Pittsburgh, PA 15222.
PLEASE DO NOT CONTACT THE COURT, THE COURT CLERK’S OFFICE, OR
DEFENDANTS TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
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