CCPA Litigation Round-Up
An interesting article by the firm of Kelley Drye & Warren LLP discussing some early litigation involving CCPA claims. The CCPA expressly provides for only a limited private right of action related to data security breaches. Cal. Civ. Code 1798.150. Private plaintiffs can recover actual damages or statutory damages of $100 to $750 per statutory violation. While a broader potential private right of action was considered, which would have permitted individuals to sue for additional CCPA violations, that amendment (SB 561) failed. Nevertheless, private litigants have thus far filed CCPA-related claims in cases where breaches have occurred, but also in cases where no breach is alleged. A quarter of the year in, we consider here how the CCPA has already impacted consumer class action claims.