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Data Privacy

Nov. 11, 2020

An early review of litigation trends under the CCPA

It is no surprise that consumers have already filed many lawsuits seeking statutory damages under the CCPA — and that almost all of the cases seek to drastically expand the CCPA’s private right of action provision.

Mark David McPherson

Partner
Morrison & Foerster LLP

Phone: 415-268-7199

Email: mmcpherson@mofo.com

Univ of Iowa COL; Iowa City IA

Purvi G. Patel

Partner
Morrison & Foerster LLP

707 Wilshire Boulevard
Los Angeles , CA 90017

Phone: 213-892-5200

Email: PPatel@mofo.com

Loyola Univ SOL; Chicago IL

Mike Burshteyn

Associate
Morrison & Foerster LLP

Email: mburshteyn@mofo.com

THIS COLUMN APPEARED IN THE 2020 TOP CYBER LAWYERS SUPPLEMENT

Among the most watched provisions in the California Consumer Privacy Act (Civil Code Sections 1798.100-1798.199) is its private right of action for certain breaches of Californians' "nonencrypted and nonredacted personal information." In data breach class actions filed before the CCPA's Jan. 1, 2020, operative date, the challenges plaintiffs faced in showing actual damages resulted in settlements with...

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