8 Defense Comment Summer 2019 CCPA – continued from page 7 The “good news” about private actions is that “[n]othing in this act shall be interpreted to serve as the basis for a private right of action under any other law.” This is apparently designed to prevent “piggyback” claims such as unfair business practices under Business and Professions Code section 17200. CIVIL ACTION BY THE ATTORNEY GENERAL CCPA provisions may also be enforced by a civil action filed by the Attorney General. Fines can be as large as $7,500 per intentional violation and $2,500 per unintentional violation, each multiplied by the number of consumers affected. EXCEPTIONS AND LIMITATIONS Thereareseveralexceptionsandlimitations on the CCPA. They are outside the scope of this article. The purpose of this article is to scare you into reading the CCPA and determining whether or the extent to which it applies to your firm or client – not to give any false or misleading hope that it does not apply. WHEN DOES THIS ALL TAKE EFFECT? The CCPA takes effect January 1, 2020. There are two caveats. First, the CCPA requires that the California Attorney General publish implementing regulations between then and July 2, 2020. Second, the Attorney General is precluded from bringing an enforcement action under the CCPA until the earlier of six months after the final regulations are published, and July 1, 2020. Warning: the private right of action effective date remains January 1, 2020. WHAT’S NEXT? There are multiple legislative efforts afoot to modify the CCPA. Some rough edges may be smoothed before it takes effect, or shortly thereafter. Or more draconian requirements may be imposed. Counsel would be wise to not just familiarize themselves with the CCPA, but also to keep an eye out for legislative changes in the near future. HOW ABOUT A ROAD MAP OF THE ACT? The CCPA comprises 19 new statutes in the Civil Code, summarily listed below. 1798.100 Disclosure (focus on point-of-transac- tion) 1798.105 Deletion 1798.110 Disclosure 1798.115 Disclosure by businesses that sell personal information 1798.120 Opt-out from sales of personal information; requires opt-in for minors under 16 1798.125 Non-discrimination 1798.130 Procedure for responding to consumer requests re disclosure or deletion 1798.135 Procedure re opt-outs (for businesses that sell personal information) 1798.140 Definitions 1798.145 Obligations shall not restrict business abilities in defined areas; other exceptions 1798.150 Private civil actions to enforce 1798.155 May seek advice from Attorney General re compliance; penalties for noncompliance 1798.160 Establishes earmarked “Consumer PrivacyFund”fromproceedsofAttorney General actions 1798.175 “Theprovisionsofthistitlearenotlimited to information collected electronically or over the Internet, but apply to the collection and sale of all personal information collected by a business from consumers. Wherever possible, law relating to consumers’ personal information should be construed to harmonize with the provisions of this title, but in the event of a conflict between other laws and the provisions of this title, the provisions of the law that afford the greatest protection for the right of privacy for consumers shall control.” 1798.180 Preempts local rules or laws 1798.185 Attorney General to solicit input, then issue implementing regulations on a variety of topics, plus any in the future “as necessary to further the purposes of this title” 1798.192 Contractual waivers or limits of CCPA rights “void and unenforceable” 1798.194 “This title shall be liberally construed to effectuate its purposes.” 1798.196 “This title is intended to supplement federal and state law, if permissible, but shall not apply if such application is preempted by, or in conflict with, federal law or the California Constitution.” Don Willenburg Don Willenburg is chair of the ADCNCN’s amicus briefs committee. He also chairsthenationalappellate practice group at Gordon Rees Scully Mansukhani from the firm’s Oakland office. Don is a graduate of LoyolaUniversityofChicagoandStanford Law School. Alexander Golovets Alexander Golovets is a member of the ADCNCN’s Business Litigation Sublaw Committee. Heisagraduate of both Far Eastern State University, College of Law, Vladivostok, Russia and John F. Kennedy University Law School.