Our experienced data privacy litigators defend California Consumer Privacy Act (CCPA) data breach lawsuits.

In addition to distinct California data breach laws, the CCPA provides consumers with a private right of action for when their non-encrypted and non-redacted personal information, or their email address in combination with a security question and answer, is subject to unauthorized access, exfiltration, theft or disclosure due to a business’ failure to implement reasonable security practices and procedures.

Under CCPA, companies that handle individuals’ personal data face statutory damages of between $100 to $750 per consumer, per incident, or actual damages, whichever are greater. By establishing statutory damages, CCPA invites individual and class action lawsuits around both major and minor data breaches by eliminating the need for plaintiffs to prove actual damages. A breach involving the personal data of 10,000 consumers could result in a sizable statutory damages claim of between $1 million and $7.5 million.

In assessing the amount of statutory damages, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, 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.

— TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.150]

Our CCPA litigation defense team combines accomplished litigators with knowledgeable privacy and data security attorneys to protect clients against CCPA class and individual actions. Our attorneys are tenacious, strategic and well-versed in cybersecurity. We help clients make optimum use of all their options to minimize exposure in the event of a data breach.