No.
The CCPA generally prohibits a business from “discriminat[ing]” against a consumer that chooses to exercise “any of the consumer’s rights” – including the right to be deleted.1 As a result, to the extent that a consumer’s name is included in a marketing list, and the act of deletion would deprive the consumer of an exclusive price, discount, or service offering, a business could be alleged to have “discriminated” against the consumer.
That does not, of course, mean that all marketing lists inevitably lead to discrimination when a deletion request is made. Many – if not most – marketing lists are not structured to lead to a discriminatory outcome. For example, a strong argument could be made that the following types of marketing lists would not cause discrimination when, or if, a consumer exercised a right to be deleted:
- Discounts to join a marketing list. Many businesses offer consumers a discount for joining a marketing list (e.g., “Receive a 10% coupon when you join our mailing list”). Incentivizing a consumer to join a marketing list does not “discriminate against a consumer” that has “exercised any of the consumer’s rights” under the CCPA.2 Specifically if the consumer submits a deletion request after joining the marketing list, and their information is deleted, discrimination has not occurred unless the consumer is denied the ability to utilize the discount that they received when they initially joined (e.g., the 10% coupon).
- Alerts of sales. Many businesses offer consumers the ability to sign up to receive emails or mailings that describe sales or promotions offered by the business (e.g., “Sign up and never miss our sales!”). Notifying a consumer of upcoming sales does not “discriminate against a consumer” that has “exercised any of the consumer’s rights” under the CCPA. 3 Specifically if the consumer submits a deletion request after joining the program, and their information is deleted, discrimination has not occurred unless the consumer is denied the ability to avail themselves of the actual sale or promotion being offered. To the extent that the sales or discounts are available elsewhere (e.g., on the company’s website, or in the company’s store), discrimination arguably has not occurred.
For more information and resources about the CCPA visit http://www.CCPA-info.com.
This article is part of a multi-part series published by BCLP to help companies understand and implement the General Data Protection Regulation, the California Consumer Privacy Act and other privacy statutes. You can find more information on the CCPA in BCLP’s California Consumer Privacy Act Practical Guide, and more information about the GDPR in the American Bar Association’s The EU GDPR: Answers to the Most Frequently Asked Questions.
1. Cal. Civil Code 1798.125(a)(1).
2. Cal. Civil Code 1798.125(a)(1).
3. Cal. Civil Code 1798.125(a)(1).
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