The risks posed by CCPA suing increase the need for businesses to keep detailed records of how PII is transferred from one point to another, where the PII is being stored, and what employees and/or third parties have access to the PII. Third, the CCPA authorizes a private right of action only for breaches involving the nonredacted and unencrypted “personal information” of California consumers Id. Additionally, the CCPA permits consumers, either individually or as a class action, to file civil suits against businesses under certain circumstances. Specifically, a California consumer whose “non … For data breaches involving a high amount of customers, the total damages can potentially be quite high. The CCPA: California Consumer Privacy Act is a privacy law focused on providing a number of fundamental privacy rights to individuals, including the right to opt-out of the sale of their personally identifiable information (PII), request the deletion of their collected PII, and request disclosures pertaining to what PII the business has collected. This may be due to significant difficulties plaintiffs face in proving that they suffered actual harm as a result of the data breach, a requirement needed for plaintiffs to establish standing to sue. Businesses that continue to violate the CCPA will be subject to statutory damages for any violations of the specified CCPA provisions within the original notice. The private right of action provision selects a narrower definition of “personal information” than is used throughout the rest of the CCPA (see our three-part series on that expansive definition), deferring, instead, to one subpart of the definition of “personal information” found in the California data breach statute. The CCPA appears, at first glance, to prohibit private rights of action outside the 1798.150(a) information security breach scenario. If the violation is subsequently cured, the consumer may not initiate the lawsuit. As enforcement regulations are released, businesses should expect (or at least hope) for much needed clarification regarding the curing process. The CCPA provides courts with a laundry-list of considerations for determining the amount of statutory damages to award. For statutory damages, consumers may receive amounts no less than $100 and no greater than $750 per consumer per incident. Additionally, it is unclear how a business may sufficiently cure the breach to avoid damages and prove that reasonable security measures have been implemented. Statutory damages eliminates that hurdle by dispensing with the need to prove actual damages. Statutory damages eliminates that hurdle by dispensing with the need to prove actual damages. When the law changes, so do the policies, keeping your company protected and allowing you to focus on more important things. That list includes “the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.” Id. This private right of action provides … That list includes “the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.”. To pursue statutory damages under the CCPA, would-be plaintiffs must first provide the would-be defendant business with 30 days’ written notice that the data security provision of the CCPA has been violated. The statute does not define “cure,” so it remains to be determined how a business can successfully “cure” data security violations under the statute. The California Consumer Privacy Act (“CCPA”) gives individuals the right to seek statutory damages against a business in limited circumstances involving the CCPA’s reasonable security obligation. While the California Attorney General has the ability to impose fines for any CCPA violation, the private right of action is specifically limited (over significant debate and a proposed … Consumers are entitled to either actual or statutory damages, whichever amount is greater. First, the CCPA’s private right of action is currently limited only to data breaches. Specifically, only a consumer whose unencrypted information is “subject to an unauthorized access … Id. In many data breaches, demonstrating and quantifying damages caused by the breach can be difficult, making it hard for plaintiffs to successfully sue and obtain monetary damages. See Cal. 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