Educational Testing Service (ETS) Data Breach Lawsuit

Legal Representation for Victims of Data Breaches in California

The Data Breach Attorneys at Potter Handy Law Firm have the knowledge and resources to thoroughly examine your case, conduct an investigation into the breach, and, when needed, fight for justice.

Potter Handy LLP is currently reviewing cases on behalf of individuals affected by the Educational Testing Service data breach. These individuals may have had their personal and confidential information unlawfully accessed by an unknown third party during the breach. Potter Handy LLP is offering a complimentary evaluation of potential data breach claims to help protect the rights and privacy of those impacted by the incident.

We are only interested in claims that arose in California. Contact us today by filling out the form on this webpage to learn more about how we can help you with your case.


What Happened?

Recently, Educational Testing Service (ETS), at the direction of the California Department of Education (CDE), announced a data security incident that may have compromised personal information belonging to California students. According to the notice provided, ETS discovered the incident on September 25, 2026, after identifying unauthorized activity involving a secure file transfer protocol (SFTP) site used to exchange statewide assessment information with the CDE. An investigation determined that an unauthorized party used compromised login credentials on multiple occasions between May 22, 2026, and September 18, 2026, to access the SFTP site and copy files containing student information. ETS disabled the account involved, took the affected SFTP site offline, and engaged external cybersecurity experts to investigate the incident. Appropriate law enforcement agencies were also notified.

The incident affected current and former California students, including students enrolled during the three preceding school years. ETS is a nonprofit assessment organization contracted by the State of California to provide required statewide testing through programs including the California Assessment of Student Performance and Progress (CAASPP) and the English Language Proficiency Assessments for California (ELPAC). The information involved was maintained in connection with these assessment programs and included student demographic information, program participation details, and assessment data.

The types of information potentially exposed may include names, dates of birth, residential addresses, school names, school districts, grade levels, Statewide Student Identifiers (SSID), local student identifiers, gender, race or ethnicity, primary language, country of origin, English learner status, disability and Section 504 status, testing accommodations, primary disability type, eligibility information for certain educational assistance programs, homelessness assistance, and military-connected student programs. The compromised information may also include English language proficiency information and statewide assessment registration, participation, and results. ETS stated that Social Security numbers, driver’s license numbers, passport numbers, financial account information, credit or debit card information, account passwords, and parents’ or guardians’ personal information were not involved. To assist affected current and former students, ETS is providing complimentary identity-protection services through Experian IdentityWorks for two years.

Notifications have been sent to affected individuals with additional details regarding the incident and the specific categories of information that may have been involved.

If you’ve received a notification about a data breach, it is vital to understand the seriousness of the situation. Your personal and protected health information may have been compromised, making it vulnerable to cybercriminals. Given these circumstances, it is essential to act swiftly by contacting our highly qualified Data Breach Lawyers. These attorneys can effectively protect your legal rights and ensure those responsible are held accountable.

By selecting a qualified Data Breach Lawyer, you can be assured that your interests are protected thoroughly during the entire case, providing you with peace of mind.


What Information Was Involved?

The breach exposed a wide range of sensitive data, putting individuals at risk of identity theft and fraud. The types of information exposed may include:

  • Names, dates of birth, and residential addresses;
  • School names, school districts, and grade levels;
  • Statewide Student Identifiers (SSID) and local student identifiers;
  • Gender, race or ethnicity, primary language, country of origin, and English learner status;
  • Disability and Section 504 status, testing accommodations, and primary disability type;
  • Eligibility information for Title I, Part A; Title I, Part C; McKinney-Vento; and Military Connected Student programs;
  • English language proficiency information; and
  • Statewide assessment registration, participation, and results.

Protecting Consumers’ Privacy Rights Following the Educational Testing Service Data Breach

If you were notified that your information had been stolen as a result of the Educational Testing Service data breach, you may be entitled to compensation or other remedies.

Don’t wait until it’s too late to protect your rights and seek compensation. Contact us today by filling out the form on this webpage for a free consultation and to learn more about how we can help you with your case. Our attorneys are available 24/7 and there are no out-of-pocket expenses for our clients. Let us help you seek justice and hold companies accountable for their negligence in protecting personal information. Regrettably, we are unable to respond to phone inquiries. Free Consultations 24/7. No out-of-pocket expenses.