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Retroactivity

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Judge Carter Clarifies Several CCPA Limitations

by Scott J. Hyman |

Judge David O. Carter, in the Central District of California, made the following findings on a motion to dismiss: the CCPA is not retroactive despite allegations of an ongoing pattern and practice; the CCPA does not include a private right of action for "§§ 1798.100(b), 110(c), and 115(d)"; the "disclosure of consumers’ non-anonymized data was not a result of a… Read More

CCPA’s Private Right of Action Is Not Retroactive

by Scott J. Hyman |

In Walmart v. Gardiner, Judge Koh - again and for a final time - held that the CCPA was not retroactive. Plaintiff [] argues that the allegation that he discovered his PII for sale in 2019 is “clearly the result of scrivener’s error.” (Opp. at 2.) The Court’s previous Order put Plaintiff on notice that his CCPA claim could not… Read More

District Court (Cal.) Confirms CCPA’s Private Right of Action Is Not Retroactive

by Scott J. Hyman |

In Gardiner v. Walmart Judge Koh held that the CCPA was not retroactive. The CCPA went into effect on January 1, 2020, and it does not contain an express retroactivity provision. See Cal. Civ. Code § 1798.198 (providing the CCPA “shall be operative January 1, 2020); see also Cal. Civ. Code § 3 (“[n]o part of [this Code] is retroactive, unless expressly so declared.”). Moreover,… Read More