California Privacy Initiative Adds New Layer for Busy Litigators
Litigation Partner Ashley Shively was quoted in a Bloomberg Law article discussing the impact of new data privacy requirements in California’s recently enacted ballot initiative. Proposition 24, also known as the California Privacy Rights Act, is likely to increase the number of privacy class actions filed. The new law that goes into effect in 2023 adds more rules for businesses on top of the state's landmark privacy law, the California Consumer Privacy Act (CCPA). Lawyers have already been testing the limits of consumers’ ability to sue since the 2018 law, filing dozens of lawsuits alleging not only harms from data breaches, but other CCPA violations as well.
“Until you have an appellate decision that clearly defines the scope of the private right of action, you will continue to see class action claims under the CCPA alleging these non-breach violations,” said Ms. Shively.