CCPA FAQs Part 3: Litigation, Regulatory Actions And Liability

As we approach the January 1, 2020 effective date of the California Consumer Privacy Act ("CCPA" or "Act") it is a good time to consider what is at stake for businesses that fail to comply with the Act. With this in mind, we focus this FAQ installment on litigation and regulatory enforcement issues arising from the Act, including:

• enforcement of the CCPA by the California Attorney General, including statutory penalties
• enforcement of the CCPA by consumers, including statutory damages, class action risk and limitations on waiving rights under the Act;
• potential liability for businesses arising out of their business partners' processing of personal information; and
• the ability and impact of curing violations of the CCPA, including the potential impact on how businesses respond to an incident.