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California Court Determines the CCPA Does Not Restrict Discovery in Civil Litigation | Knobbe Martens

To embed, copy and paste the code into your website or blog: A recent legal decision held that privacy guarantees in the California Consumer Privacy Act (the “CCPA”) do not prevent discovery in civil litigation. In Will Kaupelis v. Harbor Freight Tools USA, Inc., the Central District of California concluded the CCPA does not limit the scope of discovery in civil litigation because it does not restrict the ability to comply with the Federal Rules of Civil Procedure. Case 8:19-cv-01203-JVS-DFM, Dkt, No. 158 (C.D. Cal Jan. 22, 2021). Plaintiffs brought Will Kaupelis as a putative class action alleging the defendant manufactured and sold defective chainsaws. Plaintiffs also moved to compel production of the Personal Information (“PI”) of consumers who complained about the alleged defect.[1] Defendant responded the CCPA precluded the discovery sought because consistent with the CCPA’s notice and consent requirements consumers should be allowed “an opportunity to opt out

CCPA Rejected As Basis for Limiting Discovery in Litigation

Wednesday, January 27, 2021 The California Consumer Privacy Act (the “CCPA”) went into effect on January 1, 2020.  CPW has covered some of the privacy litigations involving the CCPA (and the first CCPA class action settlement).  For those of you wondering whether the CCPA limited the scope of discovery in litigation, at least one federal court last year held it  does not.   Will Kaupelis v. Harbor Freight Tools USA, Inc., Case No. 19-01203 (C.D. Cal.) As a reminder, the CCPA regulates any “business” that “does business in California,” even those without a physical presence in the state, and determines the means and purposes of the processing of “personal information” (“PI”).  Aligning with the European Union’s General Data Privacy Regulation (“GDPR”), the CCPA defines “personal information” to include “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked,

2020 in Review: California Consumer Privacy Act

Tuesday, December 22, 2020 As the first year for litigation and enforcement, 2020 was a big year for the California Consumer Privacy Act (“CCPA”).  Read on for ConsumerPrivacyWorld’s highlights of the year’s most significant events, as well as our predictions for what 2021 may bring. Recap – What is the CCPA? Following the lead of the European Union’s General Data Privacy Regulation (“GDPR”), the CCPA is the nation’s first definitive set of data privacy laws and went into effect on January 1, 2020.  It regulates any “business” that “does business in California,” even those without a physical presence in the state, and determines the means and purposes of the processing of “personal information”.

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