Why Is This a Problem? Invalid Private Right of Action Claims Create Work for GCs

A new 2020 CCPA Litigation Report from Akin Gump shows that more than half of the class actions filed under the CCPA last year didn't meet the regulation's narrow criteria for a private right of action—but GCs still shouldn't expect to see a slowdown in privacy-related litigation any time soon.

March 25, 2021 at 04:06 PM

4 minute read

Frank Ready

After buying a shirt on a popular online retail site, a consumer learns that the company has sold his information to a third party without giving him any notification of an opportunity to opt out of the sale. Angry, the consumer decides to file a private right of action lawsuit against the offending company using the regulations that are clearly laid out in the California Consumer Privacy Act (CCPA) as his foundation. He will likely fail. Undeterred, others will do the same.