Last week, with support from Attorney General Xavier Becerra, California Senator Jackson introduced Senate Bill 561 to amend the California Consumer Privacy Act of 2018 (CCPA) by expanding a consumer’s private right of action to reach any consumer whose rights under the CCPA are violated. If signed into law, these changes add significant teeth to the already-onerous statute. SB 561 allows any consumer who claims their rights are violated to institute a civil action seeking damages between $100-750 per incident (or actual damages) as well as injunctive or declaratory relief.SB 561 eliminates the Attorney General’s requirement to provide 30 day notice prior to taking action against a business (note that, based on the plain language of the amendment currently published, consumers are still be obligated to provide a business with 30 days notice and an opportunity to cure prior to initiating an action).SB 561 also eliminates the opportunity for businesses or…
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