Why is Data Security a Defense Against a CCPA Claim?

27 of the 89 reports of data breaches in California in the past six months and a few from 2019, have resulted in CCPA being added to the litigation in California. To date, there have been 34 actions filed involving a data breach which resulted in additional claims under the CCPA. BCLP’s CCPA Litigation Tracker. The cases largely involve data security breach. However, in each data breach case, Plaintiffs also seek CCPA damages in connection with a data breach. Interestingly, at least one complaint seeks CCPA damages for a breach that occurred before the effective date of the CCPA. Also of note, is that several of the complaints were filed before the defendant company had the chance to respond to the statutorily-required 30 day notice to cure demand issued by plaintiffs. This is a test on how courts will interpret the CCPA’s private right of action for breaches and what must be done to respond such statutory demands.