Don’t Be Deceived by Drop in CCPA Cases: Akin Gump Litigation Report
Slightly more than half (56%) of California Consumer Privacy Act lawsuits brought in 2022 “stemmed from data breaches involving the personal information of 100,000 or more people,” said Akin Gump’s "CCPA Litigation and Enforcement Report" Thursday. The number of CCPA…
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cases filed in 2022 declined by about half from 2021, “but companies should not assume that consumer-driven CCPA litigation is cooling,” it said. It attributed the decrease to fewer individual complaints “brought against the same defendant for the same course of conduct.” There also were fewer complaints alleging a CCPA violation “without also alleging the requisite personal information security breach,” it said. That’s a signal consumers and practitioners “better understand the limitations of the private right of action,” it said. The proportion of CCPA claims stemming from something other than a data breach has “dropped dramatically,” accounting for only 5% of cases filed in 2022 compared with 30% in 2020, said the report. Though another year of CCPA litigation resulted in an increase in the number of judges who have handled a CCPA claim -- rising to 146 judges from 111 in 2021 -- the top five judges with the most CCPA claims remained unchanged, it said. “We continue to see California district court judges gaining the most experience handling CCPA claims,” said the report. In 2022, this trend extended to California state judges, it said.