California Consumer Privacy Act (CCPA) penalties

The CCPA raises many questions for companies and privacy professionals. One unknown issue is how to interpret “per violation” for purposes of calculating CCPA penalties. The CCPA allows the California Attorney General to get penalties of “not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation.” Is that per affected consumer? Per company action? Or per what? The panel will lead a dialogue on these questions and will consider the interpretive significance of the CCPA’s provision stating the damages recoverable in a private action: “not less than one hundred dollars ($100) and not greater than seven hundred and fifty ($750) per consumer per incident or actual damages, whichever is greater.”