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Data Privacy Claims

In California, the law protects individuals from corporations secretly recording their data and selling it to third parties. While most law firms attempt to form these claims into large class actions, we handle each case individually through the arbitration process. Since this is your personal claim, it often results in higher recoveries than if the same client was part of a large class action lawsuit.

CALIFORNIA DATA PRIVACY LAWS

The California Invasion of Privacy Act (“CIPA”) provides that corporations found guilty of unlawful wiretapping or eavesdropping under state law are required to pay statutory damages of up to $5,000.00 for each violation.

 

The California Consumer Protection Act (“CCPA”) codified the following rights for consumers and their data and provides for a statutory penalty of $7,500.00 for each intentional violation of these rights, and a penalty of $2,500.00 for each unintentional violation.

 

  • The right to know about the personal information a business collects about them and how it is used and shared;

 

  • The right to delete personal information collected from them (with some exceptions);

 

  • The right to opt-out of the sale or sharing of their personal information; and

 

 

The California Privacy Rights Act (“CPRA”), which went into effect on January 1, 2023, amended the CCPA to also provide consumers with a right to limit the use and disclosure of sensitive personal information collected about them. The same civil penalties as the CCPA apply.

EXAMPLES OF DATA PRIVACY VIOLATIONS

It can be difficult to know if you have been a victim of a data privacy violation. Additionally, people who have been wronged may not know how they can file a claim.

 

Below are a few of the most common indicators that you have been the victim of a data privacy violation in California:

THE ARBITRATION PROCESS

When a data privacy claim goes to arbitration, the claimant and the corporation present evidence and make arguments in support of their positions. The arbitrator then decides in favor of one side or the other. An arbitrator is like a judge, who hears the evidence and makes a ruling.

 

Unlike a class action, in arbitration your claim is your own. As a result, clients will often receive faster and larger recoveries from companies than in class actions involving similar claims.

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