California Attorney General Releases Modified CCPA Regulations

On February 7, 2020, California Attorney General Xavier Becerra released a second version of draft regulations implementing and interpreting the California Consumer Privacy Act (CCPA). The second iteration of the Attorney General's draft regulations contain numerous important changes from the initial draft, some of which are summarized below. One of the most disappointing aspects of the new draft, particularly for retailers, is that the AG seems to have doubled down on the requirement that businesses explain the method that they use for determining what "financial incentives" they offer consumers for the collection of their personal information (PI), such as through loyalty programs—a requirement that seems based on a misapprehension of how such programs actually work.