Despite limitations on private rights of action within the California Consumer Privacy Act, many were concerned that the plaintiffs’ bar would find creative ways to skirt CCPA’s boundaries. Four months into CCPA enforcement, those concerns have been borne out. We are seeing three worrisome enforcement trends:
- Expanding the CCPA’s private right of action;
- Cloaking a CCPA claim as a California Unfair Competition law violation; and
- Retroactive application of the CCPA to conduct pre-dating January 1, 2020.