Preparing For Private Right Of Action Under Calif. Privacy Law

By Amanda Lawrence and Michael Rome (April 1, 2020, 2:34 PM EDT) -- The California Consumer Privacy Act went into effect at the beginning of this year, and while the California attorney general will not begin enforcing it until July, the private right of action that the CCPA created is available to consumers now.

The CCPA expressly provides for a private right of action for consumers whose nonencrypted or nonredacted personal information:

is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business' violation of the duty to implement and maintain reasonable security procedures and practices.[1]

Consumers suing under this provision may recover the greater of actual or...

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