Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About

Trending Topics

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni

    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor & Employment
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations

    Industries

    View All

    • Cannabis
    • Consumer
    • Energy
    • Entertainment
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Non Profit
    • Real Estate
    • Technology

    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    1. Home
    2. Insights
    3. Articles
    4. Consumer private right of action blocked; penalties still strong under the California Consumer Privacy ActArticles

    Article

    Consumer private right of action blocked; penalties still strong under the California Consumer Privacy Act

    May 21, 2019

    Share

    By Jenny Holmes

    An amendment seeking to expand the CCPA's private right of action and remove the thirty-day cure period did not receive a vote in the Senate Appropriations Committee, effectively blocking the bill.

    As we’ve reported, the California Consumer Privacy Act of 2018 (the “CCPA”) was facing an amendment that would have seriously strengthened its enforcement power.  The amendment, introduced on February 22, 2019, by California State Senator Hannah Beth-Jackson, sought to expand the CCPA’s private right of action and remove the thirty-day cure period required for enforcement actions brought by the state’s attorney general. However, the amendment did not receive a vote in the Senate Appropriations Committee, effectively blocking the bill.

    Specifically, the bill sought to allow consumers whose rights were violated under the CCPA to bring a private right of action. As the CCPA currently stands, the private right of action is limited to circumstances where a consumer’s non-encrypted or non-redacted personal information is part of a data breach that occurs as a result of a business’s failure to maintain reasonable security measures. Enforcement actions for other violations can only be brought by the Attorney General’s Office.

    While SB 561 is blocked and no longer threatens to expand the consumers’ private right of action, penalties under the CCPA will still be powerful. Penalties for violations of the Act range from $100–$750 per consumer per violation or actual damages, whichever is greater. Penalties also can include injunctive or declaratory relief. For actions for statutory damages, a consumer must provide a business with thirty days’ written notice and an opportunity to cure the violation. If the business cures, then the consumer cannot bring an action for statutory damages. For actual damages, a consumer is not required to provide thirty days’ notice and opportunity to cure.

    PrivacyConsumer Privacy

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • © 2023 Nixon Peabody. All rights reserved
    • Privacy Policy
    • Terms of Use
    • Statement of Client Rights
    • Supplier Diversity Program
    • Nixon Peabody International LLC
    • PAL