California Consumer Privacy Act (CCPA)

Have you ever looked at a product online and realized it was following you around the internet? Have you ever visited a different website and seen the item you were just thinking about purchasing? These friendly reminders are due to cookies–small text files stored on your browser when you visit or interact with a website or advertisement.
Continue Reading

In this podcast, Ballard Spahr consumer financial services partner Chris Willis talks with Scott Ferris, CEO of Attunely, a provider of machine learning (ML) and artificial intelligence (AI) technology to the debt collection industry.  The podcast addresses how changes in consumer behavior have impacted collections, technology’s role in collections,  how ML/AI can improve profitability,

For businesses, one of the more worrisome scenarios under the CCPA occurs when they mistakenly provide personal information of a consumer to the wrong party in response to a consumer request, whether because of fraud or simple mistake. Because the definition of data breach under the CCPA is very broad, the unauthorized sharing of personal

To the surprise of some, the proposed CCPA Regulations issued last Thursday don’t address many of the well-discussed ambiguities under the law (such as what “valuable consideration” means in the context of a sale of personal information). Rather, the proposed Regulations address a number of technical, nut-and-bolt type compliance issues concerning how businesses must make

The California Attorney General’s Office released its long-awaited proposed CCPA Regulations this afternoon.  The proposed Regulations are 24 pages long, and address a number of important technical compliance issues including how businesses should:

  • provide just in time notice to consumers of personal information collected;
  • provide notice to consumers of the right to opt out of

On September 13, 2019—the last day of the legislative session—California lawmakers approved five amendments intended to clarify the scope of the California Consumer Privacy Act (the “CCPA”), but rejected several industry-backed proposals that would have exempted personal information used for targeted advertising and loyalty programs.

Five amendments passed:  AB 25, 874, 1146, 1355, and 1564. 

At what has been described as a marathon hearing that lasted late into the night of July 9, the California Senate Judiciary Committee advanced several amendments to the California Consumer Privacy Act (the “CCPA”), but major changes that opponents claimed would have eroded privacy protections for consumers largely failed.  The bills advanced from the Senate

Since the passage of the California Consumer Privacy Act (CCPA) in June 2018, over a dozen US states have proposed their own privacy laws, many of which are nearly identical to the CCPA.  Some of these proposals have since become law.  Others are in different stages of the legislative process.  To help clients keep track of the status of these proposed laws, Ballard has launched a US State Privacy Law Tracker.  We’ll be updating the Tracker as these laws progress and states propose new privacy laws, so check back regularly. 
Continue Reading

In April 2019, the California Assembly Privacy and Consumer Protection Committee rejected a proposal known commonly as the “Privacy for All Act” (AB-1760), which among other things would have provided a private right of action for all violations of the California Consumer Privacy Act (CCPA). The rejection of AB-1760 was a blow to consumer privacy advocates. A similar measure, SB-561, would also have provided a private right of action for all privacy violations. That bill has also been defeated, meaning that the CCPA’s private right of action provisions will not be expanded this year.
Continue Reading

Following the speedy enactment of the California Consumer Privacy Act (CCPA or Act) in June 2018, business and consumer advocates alike have been pressuring California lawmakers to clarify the many ambiguities raised by the Act’s sweeping requirements. California lawmakers recently responded to these calls for greater clarity by proposing a slate of amendments to address some of the more controversial provisions of the CCPA, including the definition of “personal information”, requirements regarding information sharing, and the scope of industry exemptions.
Continue Reading