On Friday, February 7, 2020, the California Attorney General’s (AG) Office released modified regulations to the California Consumer Privacy Act (CCPA). The modified regulations incorporate amendments to the CCPA signed into law after the AG’s Office promulgated regulations in October 2019. The modified regulations also reflect public comments made during the initial comment period, which
CCPA’s Uncertain Effect on Digital Advertising
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.
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Ballard Podcast: Using Machine Learning and Artificial Intelligence in Debt Collection
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,
Analysis: Verifying Consumer Requests Under the CCPA
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
Analysis: Notice Provisions of CCPA Proposed Regulations
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
California AG Releases Proposed CCPA Regulations
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
California Legislature Adopts Five Amendments to CCPA, But Largely Rejects Industry Efforts
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.
California Senate Judiciary Committee Advances Amendments to the CCPA
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
Ballard Launches US State Privacy Law Tracker
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.
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Proposed Expansion of CCPA’s Private Right of Action Defeated in State Senate
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.
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