California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (CCPA) provides consumers with a right to non-discrimination when they exercise other privacy rights guaranteed by the law, such as the right to access, delete, or opt out of the sale of their personal informationThe California Consumer Privacy Act (CCPA) provides consumers with a right to non-discrimination when they exercise other privacy rights guaranteed by the law, such as the right to access, delete, or opt out of the sale of their personal information.  However, the meaning of “non-discrimination” and the exceptions to this prohibition provided in the CCPA and proposed regulations are among the more confusing aspects of California’s privacy law.

While other privacy laws contain non-discrimination provisions, the CCPA non-discrimination right is notably broader.  For example, the CCPA concept of discrimination is not limited to protected or sensitive categories, as is the case with Title VII.  Nor is it limited to a specific type of economic activity, as is the case with industry-specific laws such as the Equal Credit Opportunity Act.  Instead, CCPA’s non-discrimination right applies to all California consumers exercising any of their other rights under the Act.

This post looks at what the non-discrimination right prohibits (and allows), as well as some of the important questions that the statute and draft regulations leave open.  Critical practical issues include being able to (1) distinguish between lawful denials of CCPA rights and impermissible discrimination, and (2) justify the magnitude of financial incentives offered in connection with personal information collection, retention, and sale.  With about two months before the CCPA’s July 1 enforcement date, it’s important for businesses to confirm how they are addressing this often overlooked right and square away any final adjustments that may be prudent.


Continue Reading The CCPA Non-Discrimination Right, Explained

California Attorney General (AG) released third draft of proposed CCPA regulationsRecent putative consumer class action cases filed against Ring and Zoom raise allegations under the California Consumer Privacy Act (“CCPA”) and are likely to be the first battlegrounds over the CCPA’s potential hostility to consumer arbitration clauses.  The continued applicability of arbitration agreements is likely to be a significant (and hard-fought) issue with far-reaching implications

The CCPA grants the California Attorney General (AG) the authority to enforce the CCPA starting on July 1, 2020.  Last month, the AG confirmed no intention to delay that enforcement date due to the COVID-19 pandemic, despite mounting industry pressure.The CCPA grants the California Attorney General (AG) the authority to enforce the CCPA starting on July 1, 2020.  Last month, the AG confirmed no intention to delay that enforcement date due to the COVID-19 pandemic, despite mounting industry pressure.

Even if enforcement begins July 1st, companies must contend with another glaring obstacle:

The California Consumer Privacy Act (CCPA) took effect January 1, 2020.  While the California Attorney General’s enforcement authority is delayed until July 1, private litigants have already started to file direct claims under the CCPA as well as other consumer-related causes of actions predicated on alleged CCPA violations.  Notably, the California Attorney General takes the

 California Attorney General (AG) released third draft of proposed CCPA regulationsOn Wednesday, the California Attorney General (AG) released a third draft of proposed CCPA regulations for public comment.  The draft contains a series of technical corrections, along with a handful of substantive incremental modifications to the prior draft.  The limited number of changes signals that the rulemaking process is reaching an end.

The following

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On Friday, California Attorney General Xavier Becerra released proposed modifications to the formerly-released draft regulations implementing the California Consumer Privacy Act (CCPA). The modifications reflect the Attorney General’s response to public comments issued in response to the draft regulations and arguably represent a rollback of key provisions previously proposed.

The modifications impose a number of

As we mark Data Privacy Day, today is a good time to take stock of where U.S. privacy legislation stands in relation to the developments of the past few years.  In less than two years, the GDPR and the CCPA became the most comprehensive privacy laws in effect, granting individuals extensive rights over their information,

The California Attorney General unveiled its data broker registry on Monday.  On or before January 31st, companies qualifying as a “data broker” based on the prior year’s activities are required to register their name and contact information with the Attorney General and may provide a statement concerning their data collection practices.  A