Class Action Filings in New England Surge in 2025, Poised to Set New Record Highs
A tidal wave of increased class action activity is breaking in New England courts. Through the first six months of 2025, total class action filings in First Circuit federal and state courts across New England have already surpassed the total annual filings from each of the years 2021 and 2022. If this trend continues in the second half of 2025, total state and federal court class action filings in New England will set new high-water marks by a significant margin.
More than 75% of the federal class action cases in New England were filed in the District of Massachusetts, and total federal class actions in the first half of 2025 have already exceeded annual totals for three out of the past six years.
As in previous years, Massachusetts continues to dominate the regional class action landscape, accounting for more than 80% of New England’s state court filings. Plaintiffs have already filed more class actions in state courts in just the first half of 2025 than in all of 2020 and 2023, putting Massachusetts class action filings on pace to break new records.
2025 Year-to-Date Class Action Trends
Class Action Filings in New England Continue to Surge
Landmark filing levels set in 2024 will not last long as class action activity continues to accelerate. There were 444 state and federal class action filings in New England in 2024. By mid-2025, filings have increased by nearly 170% compared to the same period last year, positioning the region for another record-setting year.
Massachusetts Federal and State Courts Lead the Region in Class Action Activity
Most class action filings are occurring in federal courts, particularly in the District of Massachusetts, which consistently accounts for more than 80% of federal filings in the region. While Massachusetts dominates both state and federal filings, there has also been a notable increase in activity in federal courts in Maine and Rhode Island, whereas New Hampshire’s filings remain primarily in state courts.
Data Security and Privacy Claims Dominate Dockets
Data security and privacy class actions, especially those arising from alleged data breaches, represent the largest and fastest-growing category—comprising nearly half of all federal class action filings. Roughly 75% of these cases involve data breach incidents, in which plaintiffs allege that defendants failed to adequately safeguard personally identifiable information (PII).
Shifting Industry Targets Facing Class Action Scrutiny in 2025
While health care and technology companies were primary class action defendants in prior years, plaintiffs have expanded their focus to include financial, legal, and educational institutions, as well as professional services and retail/manufacturing sectors. Class action filings against government entities have also increased recently, particularly in areas related to executive actions and civil rights.
Notable Trends in TCPA, VPPA, and Other Class Actions
In addition to data breach cases, plaintiffs have filed a steady stream of class actions under statutes like the Telephone Consumer Protection Act (TCPA) and the Video Privacy Protection Act (VPPA), often involving unsolicited marketing or unauthorized disclosure of consumer information. The filings also include significant numbers of labor/employment, consumer/product liability, and securities/ERISA class actions.
Copycat Complaints and Article III Standing Developments
A single cyberattack can result in numerous, nearly identical class action complaints against the same defendant, especially in the health care sector. Plaintiffs in the First Circuit and beyond are increasingly arguing the time spent responding to incidents diverted from productive endeavors (such as credit monitoring for identity theft) are concrete injuries sufficient for Article III standing, signaling a shift beyond alleged actual misuse of PII following the First Circuit’s 2023 decision in Webb v. Injured Workers Pharmacy, LLC (as discussed in our prior blog post).
Summary
Overall, the region is experiencing a sustained and accelerating boom in class action litigation, driven by data privacy and cybersecurity issues, a broadening array of targeted industries, and a concentration of filings in federal courts—especially in Massachusetts.
Click here to view the most current class action tracker, which provides further detail on class action filings in state and federal courts within the boundaries of the First Circuit in New England.
If you have questions about Pierce Atwood’s class action tracker, or would like to suggest future topics, please contact Melanie Conroy, a partner in the firm’s Class Action Defense and Privacy & Data Security practices.