New England Class Action Filings Remain High in First Half of 2026
We are pleased to present our second quarter 2026 update to the New England and First Circuit Class Action Tracker, which focuses on class action filings in state and federal courts within the boundaries of the First Circuit in New England.
Key Takeaways:
- Filings on pace to approach (but not surpass) the record set in 2025
- Massachusetts continues to dominate both federal and state filings
- Data privacy and cybersecurity are the leading sources of federal class actions
Class action filings in New England continued the trend of higher-than-historic levels of activity during the first half of 2026, modestly below last year’s record pace but well above average filing levels. There were 146 state and federal class action filings in the second quarter, bringing the first-half total to 286.
Although that number of filings is below the record pace set during the first half of 2025, the data suggest that last year’s surge in class action litigation was not an isolated event. If current filing levels persist, 2026 is on pace to exceed every year on record except for 2025.
Federal courts continue to see most of the region’s class action activity, with the District of Massachusetts persisting as the primary venue. Cybersecurity and data privacy claims also account for a majority of federal cases.
Class Action Filings Remain High After a Record 2025
Class action filings in New England declined during the pandemic before rebounding sharply. There were 419 state and federal filings in 2019, followed by an average of 345 per year from 2020 through 2022. Filings increased to 413 in 2023 and 444 in 2024 before jumping to a record 604 cases in 2025.
Increased activity continues in 2026. Plaintiffs filed 140 class actions in the first quarter and another 146 in the second, for 286 cases through June. Q2 filings were below the 207 cases filed in Q2 2025—the highest quarterly total tracked to date—but remain elevated compared with historical levels.
Federal Courts Continue to Drive Class Action Activity, Led by the District of Massachusetts
Plaintiffs filed 95 federal class actions within the First Circuit in the first quarter of 2026 and 87 in the second, for a total of 182 federal cases filed during the first half of the year. New England state courts received 104 class action filings during the same period.
Massachusetts still dominates the federal docket. Of the 87 federal class actions filed in New England during Q2, 78% were filed in the District of Massachusetts. Rhode Island had the next-largest share, followed by Maine and New Hampshire. Overall, federal class action filings in 2026 are on pace to approach or exceed prior historic high points.
Cybersecurity and Data Privacy Claims Still Key Drivers
Cybersecurity and data privacy litigation account for most of the federal class actions in New England. Cases filed during the first half of 2026 included claims arising from data breaches and the alleged unauthorized disclosure or use of consumer information, as well as claims involving unsolicited telephone calls and text messages.
Federal courts also saw significant class action activity involving alleged securities and ERISA violations, employment claims, and civil rights suits against government defendants.
These trends are consistent with what we saw in 2025. For businesses that collect or maintain consumer information, data security incidents and the use or disclosure of consumer data remain important sources of class action risk.
Financial Services, Health Care, Retail, and Technology Companies Face Significant Activity
Professional and financial services companies faced the most federal class action filings during the first half of 2026. Retail and manufacturing companies, health care entities, and technology companies also faced notable activity levels. In addition, plaintiffs brought cases against biotechnology and pharmaceutical companies and government entities.
Many of these cases involved cybersecurity and data privacy issues, but the filings also show that increased class action activity extends beyond specific claims and across industries.
Massachusetts Dominates State Court Filings
Massachusetts also remains the center of state court class action activity. Of the 59 state court class actions filed across New England during Q2, 47—nearly 80%—were filed in Massachusetts. Maine had seven filings, Rhode Island five, and New Hampshire none.
For the first half of 2026, Massachusetts had 89 state court class actions, compared with eight in Maine, five in Rhode Island, and two in New Hampshire. State court filings across the region are also on pace to exceed the annual average from 2020 through 2024.
What This Data Means for Businesses
To date, 2026 presents clear continuing trends. Class action filings remain historically high following the record increase in 2025. Massachusetts is the center of both federal and state court class action activity in New England, with cybersecurity and data privacy claims comprising a significant source of federal cases.
The range of industries facing these suits is also notable. Financial and professional services, retail and manufacturing, health care, technology, and other businesses all continue to face class action exposure.
These trends suggest that increased class action activity in New England is here to stay. Companies operating in the region should monitor class action developments, particularly those involving cybersecurity, data privacy, and consumer information.
If you have any questions about Pierce Atwood’s class action tracker, or trends you would like to see covered in future installments, please contact Melanie Conroy. To learn more about Pierce Atwood’s class action defense practice, please contact Gavin McCarthy.