CALIFORNIA'S PRIVACY LAWS

While the consumer must take action to have any personal information deleted, the CCPA does mandate that businesses provide at least two ways to submit requests for information and mandates that the business provide a "clear and conspicuous link" on the homepage to allow a consumer to opt out of having information shared or sold to third parties.8 And, if a consumer opts out, the law prohibits a business from discriminating against that consumer and must provide equal services and pricing despite any opt out. [...]if a consumer exercises any rights under the CCPA, a business cannot: (1) Deny goods or services, or even provide a different level or quality of goods or services; (2) Charge different prices or rates for the goods or services, including through discounts or other benefits; or, (3) Suggest that the consumer will receive a different price or quality of services.9 WHAT BUSINESSES ARE SUBJECT TO THE CCPA? [...]the CCPA authorizes a private right of action, including a class action, brought directly by any consumer if any "nonencrypted and nonredacted personal information" is subject to "unauthorized access and exfiltration, theft, or disclosure" as a result of a business' failure to implement and maintain reasonable security procedures and the company has not taken steps to cure the violation within thirty days after receiving written notice from the consumer.11 A consumer may recover statutory damages in an amount not less than $100 and no more than $750 per incident or actual damages, whichever is greater. Most importantly, the CCPA incorporates a narrower definition of personal information for determining whether a private right of action exists, which is set forth in California Civil Code Section 1798.81.5(d) as follows: (1) "Personal information" means either of the following: (A) An individual's first name or first initial and the individual's last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted: (i) Social security number. (ii) Driver's license number, California identification card number, tax identification number, passport number, military identification number, or other unique identification number issued on a government document commonly used to verify the identity of a specific individual. (iii) Account number or credit or debit card number, in combination with any required security code, access code, or password that would permit access to