Preparing for Private Right of Action Under Calif. Privacy Law

Law360
9 minute read | April.01.2020

The California Consumer Privacy Act went into effect at the beginning of this year, and while the California attorney general will not begin enforcing it until July, the private right of action that the CCPA created is available to consumers now.

The CCPA expressly provides for a private right of action for consumers whose nonencrypted or nonredacted personal information:

is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business' violation of the duty to implement and maintain reasonable security procedures and practices.

Originally published in Law360; reprinted with permission.

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Authors

Amanda Lawrence Partner, Fintech, Financial & Fintech Advisory

Washington, D.C.

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D:+1 202 349 8089
E: [email protected]

Practice:

Fintech
Financial & Fintech Advisory
Strategic Advisory & Government Enforcement (SAGE)
Finance
Complex Litigation & Dispute Resolution
Internal Investigations
Class Action Defense

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Amanda Lawrence Partner

Washington, D.C.

She is a trusted adviser to and first call in high-stakes litigation and enforcement matters, including government investigations, regulatory examinations, class action and complex litigation, and internal investigations. Her matters include investigations, examinations, and enforcement actions before the CFPB, FTC, federal and state bank regulators and state attorneys general, including defending a leading bank in one of the CFPB’s first enforcement actions—a joint investigation and enforcement action with the FDIC.

Amanda also represents clients in bet the company litigation, including financial institutions and lenders in residential mortgage-backed securities (RMBS) matters, consumer class actions and other complex civil litigation matters.

Amanda is well versed in all aspects of her clients’ business and is known for providing thoughtful and practical advice. She leverages her experience with litigation and enforcement agencies to stay ahead of regulatory trends impacting the finance and fintech industries. Key among these is data monetization and regulators’ heightened focus on how data is collected, used, stored and transferred. Amanda’s practice started in the cyber and privacy spheres, and today she helps clients manage compliance with the Gramm-Leach-Bliley Act (GLBA) and Regulation P, the Safeguards Rule, the Fair Credit Reporting Act (FCRA), the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

Prior to joining Orrick, Amanda was a partner at Buckley LLP, where she was a member of the partner board. She also has an active pro bono practice.