News & Analysis as of

Personal Information Private Right of Action Statutory Damages

WilmerHale

Year in Review: CCPA Litigation Trends from 2023

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more

McDermott Will & Emery

Importance of CCPA Compliance Highlighted by First Round of Private Actions

McDermott Will & Emery on

The first wave of California Consumer Privacy Act litigation has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The actions assert a variety...more

Lathrop GPM

Privacy Alert: Let the CCPA Class Action Lawsuits Commence

Lathrop GPM on

The first post-California Consumer Privacy Act (CCPA) data breach class action was filed on February 3 in the Northern District of California. See Barnes v. Hanna Andersson, LLC , N.D. Cal., Case No. 20-cv-00812....more

Mintz - Privacy & Cybersecurity Viewpoints

The First Wave of CCPA Allegations Makes Its Way Into a New Data Breach Class Action Against Salesforce and Hanna Andersson

The companies Salesforce.com, Inc. and Hanna Andersson, LLC are on the receiving end of a novel lawsuit, which appears to be the very first data breach class action ever filed with alleged violations of the California...more

BCLP

Data Breach Litigation Preparation: What should organizations consider when notifying consumers of a data breach?

BCLP on

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

BCLP

Data Breach Litigation Preparation: What U.S. Laws Apply to Data Breaches?

BCLP on

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

BCLP

Data Breach Litigation Preparation: Should Companies Contact Law Enforcement After a Data Breach?

BCLP on

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

McDermott Will & Emery

CCPA and ‘Reasonable Security’: A Game Changer

McDermott Will & Emery on

On January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) went into effect. The CCPA applies to a wide range of companies and broadly governs the collection, use and sale of personal information of California...more

Bass, Berry & Sims PLC

Privacy Perils: California’s New Year Resolution

Bass, Berry & Sims PLC on

This new year finally brings into effect the California Consumer Privacy Act (CCPA), which provides California consumers with certain rights to how their data is used and collected by businesses. For example, they now have...more

BCLP

How Should Companies Investigate Security Incidents?

BCLP on

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

McDermott Will & Emery

The California Consumer Privacy Act and ‘Reasonable Security’: A Game Changer

McDermott Will & Emery on

The potential statutory damages under the CCPA dwarf almost every previous large data breach settlement in the United States. To mitigate the risk of this increased exposure, companies need to take key steps to ensure they...more

Proskauer - Minding Your Business

Data Breaches and Damages: Consumer Action Under the CCPA

With less than two months to go before the California Consumer Privacy Act of 2018’s (“CCPA”) effective date of January 1, 2020, businesses should be aware of the potential litigation that awaits them....more

Williams Mullen

CCPA: Implementing the Right Cybersecurity Plan Is Now a Legal Issue

Williams Mullen on

Addressing cybersecurity risks invariably involves very technical matters. As a result, in many companies the IT department has been responsible for developing and implementing cybersecurity plans and procedures....more

BCLP

CCPA Security FAQs: Does the CCPA open financial institutions to increased litigation?

BCLP on

Yes. While the CCPA provides a partial exemption for information collected by financial institutions that is subject to the Gramm Leach Bliley Act (e.g., information about individuals who have obtained personal financial...more

Eversheds Sutherland (US) LLP

Dangerous seas ahead - the California Consumer Privacy Act and litigation risk

While many breathed a sigh of relief when the California legislature provided only a limited private right of action for data breaches under its sweeping new privacy law - the California Consumer Privacy Act (CCPA) -...more

BCLP

CCPA Security FAQs: What factors will courts look to when determining what statutory damages to award?

BCLP on

Section 1798.150 of the CCPA permits consumers to “institute a civil action” if consumer “personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject to...more

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