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Forbes reported that it received an email from representatives of Attorney General Xavier Becerra refusing an industry group request to delay enforcement of the California Consumer Privacy Act of 2018 (“CCPA”) due to the ongoing disruptions caused by the response to 2019 novel coronavirus (2019-nCoV) (“COVID-19”).  With California on lockdown, and most businesses forced to close or have employees work… Read More

In Campbell v. Facebook, Inc., __ F.3d __, 2020 WL 1023350, The Court of Appeals for the 9th Circuit held that violations of the federal Electronic Communications Privacy Act, 18 U.S.C. § 2510, et seq. (ECPA) and the California Invasion of Privacy Act, Cal. Pen. Code § 630, et seq. (CIPA) are, in and of themselves sufficient, without further allegations… Read More

The CCPA went live on January 1, 2020, creating a cause of action and potential liability of between $100 to $750 per person for a data breach deriving from a business' failure to maintain reasonable policies and procedures.  Unfortunately, the CCPA does not define the term "reasonable".  While compliance lawyers and consultants properly have been advising their clients to shore… Read More

The FTC issued a press release summarizing, and providing links to, the various data breach settlements that it has reached with businesses in the last two years.  The FTC summarized its efforts to improve its data security orders and, in doing so, suggested the types of measures the FTC looks for in determining whether a business has implemented reasonable data… Read More

Beginning on Monday, December 2, 2019, the California Attorney General began holding a series of four public comment hearings to receive comments on the draft regulations issued by the Attorney General in October 2019 regarding the California Consumer Privacy Act of 2018 (“CCPA”). Severson & Werson attorneys Joseph W. Guzzetta and Evelina Manukyan attended the San Francisco public comment hearing… Read More

In Adkins v. Facebook, Inc., No. C 18-05982-WHA, 2019 U.S. Dist. LEXIS 206271 (N.D. Cal. Nov. 26, 2019), Judge Alsup granted in part and denied in part a data breach class. This is a putative class action by plaintiff Stephen Adkins against defendant Facebook, Inc. Plaintiff asserts a claim for negligence based on Facebook's alleged faulty security practices in collecting… Read More

In Steven v. Carlos Lopez & Assocs., No. 18-CV-6500 (JMF), 2019 U.S. Dist. LEXIS 203621 (S.D.N.Y. Nov. 22, 2019), Judge Furman declined to  approve settlement of a data breach class due to the absence of Art. III standing. In June 2018, an employee of Defendant Carlos Lopez & Associates, LLC ("CLA"), a provider of mental and behavioral health services to… Read More

The CCPA enacted in 2018, creates new consumer rights relating to the access to, deletion of, and sharing of personal information that is collected by businesses. It also requires the California Attorney General to solicit broad public participation and adopt regulations to further the CCPA’s purposes. Today, the AG issued proposed regulations designed to establish procedures to facilitate consumers’ new… Read More

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