On September 23, 2018, Governor Jerry Brown signed SB 1121, the amendment to the California Consumer Privacy Act (CCPA). SB 1121 attempts to clean up some drafting errors and ambiguities in the original legislation (AB 375), but it also effectively reduces the procedural obstacles to the CCPA’s private right of action by removing the requirement that a plaintiff first notify the Attorney General before filing a lawsuit pursuant to the CCPA, which would have provided the Attorney General the opportunity to order a plaintiff not to proceed. For a more in-depth analysis of the private right of action and recent developments regarding the CCPA, please refer to the advisory we published on September 12.
About David Caplan
David Caplan is an associate in Alston & Bird’s Technology Group and Privacy & Data Security Team with experience in intellectual property litigation.