California Consumer Privacy Act Defense Attorneys

Experienced California Consumer Privacy Act / Privacy Rights Act Defense Attorneys Representing Companies Nationwide

**James Bell**
Privacy Rights Act Attorney
Team Lead

**Nick Johnson**
Privacy Rights Act Attorney
Team Lead

The California Consumer Privacy Act (CCPA) establishes extensive compliance obligations for covered businesses. Companies both in and outside of California must comply with the CCPA and the California Privacy Protection Agency’s regulatory guidance, and those that don’t can face substantial liability.

Led by trial attorney James Bell, our California privacy defense team represents companies, financial institutions, and other clients nationwide in litigation under the CCPA. While intended to protect consumers, the CCPA and California’s other privacy laws pose substantial liability risks for a wide range of entities. As a result, entities facing litigation under the CCPA need to prioritize their defense, and engaging experienced defense counsel is the first step in the process.

The California Consumer Privacy Act (CCPA) Poses Substantial Risks for Companies Throughout the United States

Enacted in 2018, the CCPA was the first new law that California voters approved to begin the state’s modern era of privacy protection. It joined the California Invasion of Privacy Act (CIPA), which was passed in 1967 and focuses on the interception of electronic communications. The CCPA focuses on the collection, management, and use of consumer data; and, like CIPA, the law creates a private right of action in addition to allowing for governmental enforcement.

The California Privacy Rights Act (CPRA) Amended the CCPA to Give Californians “the Strongest Online Privacy Rights in the World”

The protections afforded (and the risks presented) by the CCPA were expanded with the passage of the California Privacy Rights Act (CPRA) in 2020. At the time, the advocacy organization Californians for Consumer Privacy celebrated the new law as providing California residents with “the strongest online privacy rights in the world.” As amended by the CPRA, the CCPA provides protections for consumer data including (but not limited to):

Access codes and other required security codes
Credit and debit card numbers
Financial information
Health information
Passport number
Personally identifying information (PII)
Social Security number

If a business collects any information covered under the CCPA, it must strictly comply with the statute’s requirements—and it can be held liable if it fails to do so. The CCPA applies to many service providers, financial institutions, debt collectors, data brokers, and other for-profit businesses that use or have access to consumers’ protected information as well. While data collection and annual revenue thresholds apply, these thresholds are low enough that many businesses need to comply even if they are not subject to data privacy laws in other states.

We Defend Companies in Single-Plaintiff and Class Action Lawsuits Under the CCPA

Our law firm defends companies that are facing litigation under the CCPA. With its provisions for statutory damages—and with the new privacy rights established by the CPRA—the CCPA has become a favorite tool of plaintiffs’ law firms in recent years. We represent companies and other entities that are facing litigation involving all types of alleged consumer privacy issues, including (but not limited to):

Improperly collecting sensitive personal information (opt-in violations)
Other improper consumer data collection practices on websites and apps
Selling consumers’ personal information
Failing to comply with consumer requests to opt out or delete consumer data
Other data privacy and data rights violations

These issues (among others) can create substantial liability exposure in civil litigation; and, in some cases, they can trigger scrutiny from government authorities in California as well. We have substantial experience defending clients in litigation involving private parties and in civil and criminal enforcement proceedings. If your business is facing allegations under the CCPA, we can help you understand your business’s risk exposure, and then we can develop and execute a litigation defense strategy focused on protecting your business by all means available.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

We Also Assist Companies with CCPA Compliance

Along with providing defense representation in CCPA litigation, we also assist companies with CCPA compliance. Due to the risk of litigation, it is critical that companies ensure compliance on an ongoing basis. Our CCPA compliance services include:

Comprehensive CCPA Compliance Needs Assessments – When assisting companies with CCPA compliance, we begin by conducting a comprehensive compliance needs assessment. Companies’ obligations can vary depending on the ways in which they collect and use consumer data, the types of data they collect or store, and various other factors.
Custom-Tailored CCPA Compliance Program Development – After conducting a comprehensive CCPA compliance needs assessment, we then shift our focus to developing policies and procedures that are custom-tailored to our clients’ specific compliance risks. As with all aspects of corporate compliance, a custom-tailored approach is critical for both avoiding compliance failures and defending against allegations of noncompliance when necessary.
Practical Strategies for Managing CCPA Compliance – We also assist our clients with implementing practical strategies for managing CCPA compliance. To protect your company, simply having a CCPA compliance program is not enough—your company must proactively manage CCPA compliance on an ongoing basis.
Internal CCPA Compliance Monitoring and Enforcement – Internal CCPA compliance monitoring and enforcement are essential for effective risk management as well. We assist our clients with conducting periodic CCPA compliance audits, and we assist our clients with addressing CCPA violations internally when necessary.
Monitoring for New Laws and Regulations that Establish New Rights – We also monitor for new California privacy laws and regulations on behalf of our clients. This is an area of the law that is continuing to evolve, and California is continuing to lead the way. Our lawyers can help ensure that you know when new compliance obligations arise, and we can assist with satisfying these obligations as necessary.

FAQs: Defending Against CCPA Lawsuits Involving Data Breaches and Other Issues

Can California residents sue out-of-state businesses under the CCPA?

Yes, California residents can (and do) sue out-of-state businesses under the California Consumer Privacy Act (CCPA). The CCPA is extremely broad in scope, and it applies not only to in-state businesses, but also out-of-state businesses that collect and/or use California residents’ personal data. Out-of-state companies that are noncompliant with the CCPA can face substantial liability exposure, including exposure to statutory damages.

Does the California Attorney General enforce the CCPA?

The California Attorney General’s Office and the California Privacy Protection Agency share responsibility for enforcing the CCPA and the state’s other consumer privacy protection laws. As a result, in addition to facing private civil litigation under the CCPA, companies can face scrutiny from these government authorities as well. In many cases, civil litigation and governmental enforcement actions go hand-in-hand, and companies will frequently find themselves needing to execute CCPA defense strategies on multiple fronts. Again, we handle both types of cases, and we can use our experience and resources to help protect your company from all pertinent risks.

What are the differences between the CCPA, CPRA, and CIPA in California?

The California Consumer Privacy Act (CCPA) is California’s primary consumer data privacy protection statute. It was amended by the California Privacy Rights Act (CPRA) in 2020; and, with the CPRA amendments, the CCPA is now among the strongest (and arguably the strongest) of the state data privacy laws in the United States. The California Invasion of Privacy Act (CIPA) predates both of these statutes, and it pertains specifically to the interception of electronic communications (among other issues).

What should I do if my company is facing a consumer rights lawsuit under the CCPA?

If your company is facing a consumer rights lawsuit under the California Consumer Privacy Act (CCPA), you should engage experienced defense counsel promptly. Plaintiffs’ law firms are using the CCPA to target companies in California and other states, and they are using aggressive litigation tactics to pursue statutory damages claims in many cases. As a result, prompt intervention and a strategic defense are critical.

Our law firm has the team, resources, and capabilities required to defend companies nationwide that are facing CCPA lawsuits. We can intervene immediately, and we can begin building your company’s litigation defense strategy promptly if warranted. We can also target an efficient pre-trial resolution if warranted; and, if your company needs to come into compliance with the CCPA (and any of California’s other consumer privacy protection laws), we can assist with this as well.

Facing a lawsuit under the California Consumer Privacy Act (CCPA) poses substantial risks. The statute allows plaintiffs to pursue statutory damages on a per-violation basis—and CCPA lawsuits will typically allege numerous violations. The breadth and complexity of the CCPA’s requirements and prohibitions add to the challenges of executing an effective defense as well, and this makes it critical to engage experienced defense counsel who can work effectively toward securing a favorable resolution.

Contact the California Consumer Privacy Act (CCPA) Defense Attorneys at Oberheiden P.C.

If your company is facing litigation under the California Consumer Privacy Act (CCPA), we encourage you to contact us promptly to discuss what we can do to help. To speak with one of our senior CCPA defense attorneys in confidence as soon as possible, call 888-680-1745 or request a free initial consultation online now.