By: Linda L. Goodman
Last week, the California Attorney General’s office confirmed that on July 1, the first date of the AG’s statutory enforcement authority, the office sent its first set of CCPA enforcement letters. Do not ignore these letters. The statute provides businesses 30 days to cure the listed violations before the AG’s office may commence an investigation or initiate a lawsuit. You have time to cure the violation!
Although no specific entity or violations have been disclosed, the Attorney General’s office has indicated that no one industry or sector was targeted in the July 1 enforcement letters but that all the businesses operated online and were required to come into compliance with the required online statements or mechanisms. Notably, they described the opt-out right as the most important CCPA right (also the easiest to allege a claim upon) and suggested businesses that sell personal information ensure that the “do not sell my info” link is posted clearly and conspicuously on the homepage.
The AG’s office has established an online consumer complaint registration for consumers to post violations directly to the AG’s public inquiry unit. Thus, the more complaints, the more likely you are to receive a letter. Although currently the AG is restricted to only enforcing the four corners of the statute, as soon as the regulations come into effect, they will also be used to generate investigations. As such, you should have reviewed and implemented both the statute and the regulations.
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This article is a publication of The Goodman Law Firm and is intended to provide information on recent legal developments. This article does not create an attorney-client relationship, nor should it be construed as legal advice or an opinion on specific situations. This may constitute “Attorney Advertising” under the Rules of Professional Conduct and under the law of other jurisdictions.
Linda L. Goodman is the founder of The Goodman Law Firm, concentrating its practice in internet business and law. Her firm’s clients include Advertisers, Affiliates, Affiliate Networks, and ISP’s.
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