Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
While much of the privacy community has been focused — for good reason — on the COVID-19 public health emergency, plaintiffs' counsel have started to lay the groundwork for a broad private right of action under the California Consumer Privacy Act (CCPA), Cal. Civ. Code §§1798.100 to 1798.198.
The first part of this article provides an overview of how the CCPA addresses private rights of action. The second section summarizes recent class action complaints that attempt to use CCPA violations as the basis for class-wide claims, either via claims asserted directly under the CCPA or through the California Unfair Competition Law. The third and final part provides suggestions for prioritizing activity in CCPA compliance programs in this new litigation environment.
The California Consumer Privacy Act was the end product of a negotiation with the backers of a proposed ballot initiative, Californians for Consumer Privacy, that, if successful, would have granted California residents the right to be notified of and to opt out from sales of personal information. See, The California Consumer Privacy Act of 2018, Ballot Initiative No. 17-0027, draft stamped as received by California Attorney General on Oct. 9, 2017. One of the primary objectives of the business community in supporting the negotiations was to eliminate a proposed private right of action. See, California Senate, Senate Judiciary Committee, Tuesday, April 9th, 2019 at 3:34:00-3:39:25. The final statute, a product of compromise on both sides, promised to limit any private right of action to claims for certain data security incidents resulting from a failure to comply with pre-existing standards of California law. See, Cal. Civ. Code §1798.81.5. Privacy attorneys and litigators were, however, quickly skeptical about whether the compromise language would be effective to preclude broader class action suits.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.