By: Linda L. Goodman
27 of the 89 reports of data breaches in California in the past six months and a few from 2019, have resulted in CCPA being added to the litigation in California. To date, there have been 34 actions filed involving a data breach which resulted in additional claims under the CCPA. BCLP’s CCPA Litigation Tracker.
The cases largely involve data security breach. However, in each data breach case, Plaintiffs also seek CCPA damages in connection with a data breach. Interestingly, at least one complaint seeks CCPA damages for a breach that occurred before the effective date of the CCPA. Also of note, is that several of the complaints were filed before the defendant company had the chance to respond to the statutorily-required 30 day notice to cure demand issued by plaintiffs. This is a test on how courts will interpret the CCPA’s private right of action for breaches and what must be done to respond such statutory demands.
The CCPA does not provide consumers with a private cause of action or a right to sue for a violation of privacy. However, that has not stopped Plaintiff’s from alleging that a defendant company failed to meet a requirement under CCPA, by failing to provide proper disclosure of privacy practices. In each case, Plaintiffs are seeking injunctive relief and damages.
The less bold Plaintiff’s do not site the CCPA for an independent cause of action or claim, but rather attempt to use failure to provide proper notice under the CCPA as the basis for their claims that the defendant company committed an “unlawful” business practice under separate consumer protection statutes.
Remember, the best defense to breach litigation is to design and implement a documented compliance program which includes data security and breach protocol. When documented, these steps effectively act as a first line of defense in consumer claims against you.
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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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