CCPA enforcement trends–what we are seeing

Despite limitations on private rights of action within the California Consumer Privacy Act, many were concerned that the plaintiffs’ bar would find creative ways to skirt CCPA’s boundaries. Four months into CCPA enforcement, those concerns have been borne out. We are seeing three worrisome enforcement trends: Expanding the CCPA’s private right of action; Cloaking a…

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Court tosses consumer class action based on alleged Prop 65 violation

As a California appellate court once stated, and many businesses find out to their dismay, Proposition 65’s enforcement procedures make “the instigation of Proposition 65 litigation easy—and almost absurdly easy at the pleading stage and pretrial stages.” Consumer Defense Group v. Rental Housing Industry Members, 137 Cal. App. 4th 1185, 1215 (2006). A recent ruling…

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Plans for reopening begin at state, federal level

State coalitions forming In an effort to plan for reopening their economies, several states have announced regional collaboration efforts, including a coalition of 7 Northeastern states, including New York, and California, Oregon, and Washington in the west. Earlier this week, California Governor Gavin Newsom outlined a framework to reopen the western economies, predicated on six…

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Los Angeles orders workers and customers to wear face coverings

We are continuing to track state and local restrictions, updated daily, here.   In a sign of things that may be coming nationally, Los Angeles Mayor Eric Garcetti has issued an “emergency order” requiring employees of “Essential Businesses” to wear face coverings. The order also requires customer’s visiting such businesses to wear face coverings, at the…

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State “stay at home” orders now in 30 states

What seemed like a novel and crazy idea a little over a week ago has now become the majority approach to “flattening the curve” in the United States. And those states that have not yet adopted “stay at home” or “shelter in place” orders generally have comparable restrictions at the county, city, or municipal levels….

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Mitigating advertising risks during the COVID-19 crisis

During this time of crisis, pharmaceutical and consumer product companies along with retailers are doing their best to provide the public with products to prevent and treat COVID-19. At the same time, the FTC and FDA have announced that they will be particularly vigilant in policing unscrupulous or overzealous marketers making unsubstantiated, misleading, or false…

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