Topics that we often discuss on this blog are the use of third-party tracking
tools and the California Invasion of Privacy Act
("CIPA"). Less discussed of late, however, is the
California Consumer Privacy Act ("CCPA") which, like
CIPA, provides consumers with a private right of action. Until
recently, private lawsuits brought under the CCPA typically have
been limited to data breach incidents. However, a recent California
federal court ruling has paved the way for a lawsuit to proceed
alleging CCPA violations in the absence of a data breach. Below, we
discuss the decision, the similarities between CIPA and CCPA
claims, and the implications of the decision for online
businesses.
Tracking Software and Potential CCPA and CIPA Liability