A helpful blog posting from the IAPP discussed the private right of action in the CCPA. “Now that plaintiffs have started to bring lawsuits alleging violations of the CCPA, we can see how these claims are being plead and the novel questions courts will be asked to consider.” The blog outlines some themes that have emerged so far: Data breaches, failure to comply with CCPA notice and opt-out provisions, and unfair competition law claims. Litigation is also testing retroactive application, the definition of PI, whether claims are available to non-California residents, and the “cure” provision.

Eric J. Ellman is Senior Vice President for Public Policy and Legal Affairs at the Consumer Data Industry Association (CDIA) in Washington, DC. He also served for eight months as Interim President and CEO of the Association. More