Is the CCPA’s Private Right of Action Provision Retroactive?

By Sean Solis on January 9, 2020 Posted in CCPA

With the California Consumer Privacy Act (CCPA) – the strictest privacy law in the nation – now in effect, an important question for businesses to consider is whether it applies to conduct that occurred prior to the law’s effective date of Jan. 1. This question is particularly relevant to the private right of action section … Continue Reading

Words Matter: Interpreting the CCPA’s Private-Right-of-Action Provision

By Matthew D. Pearson and Casie Collignon on December 18, 2019 Posted in CCPA

Subject to certain exceptions, the California Consumer Privacy Act (CCPA) provides a private right of action to “[a]ny consumer whose nonencrypted and nonredacted personal information … is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business’s violation of the duty to implement and maintain reasonable security procedures and … Continue Reading

Attempt to Expand CCPA Private Right of Action Fails, While Bills Exempting Employee Data and Otherwise Refining CCPA Advance

By Alan L. Friel, Niloufar Massachi and Taylor A. Bloom on June 5, 2019 Posted in CCPA

Over the past several weeks, the California State Assembly has voted in favor of advancing to the California Senate bills that would narrow the reach of the California Consumer Privacy Act (CCPA). Senate bills did not fare as well and have died. Two of the CCPA amendment bills moving forward have the potential to greatly … Continue Reading