If it’s broke, just fix it…: Curing Alleged CCPA Violations

Courts across the United States continue to grapple with California’s landmark consumer privacy law, the California Consumer Privacy Act (CCPA). While the contours of this law are being litigated on multiple fronts, one important, but not most discussed provision, is Section 1798.150(a)(1), the right to cure.

The CCPA, like other, similar California privacy laws, includes an opportunity to cure after notice. Cf. California Consumer Legal Remedies Act, Cal, Civ. Code. § 1770, et seq. (providing a 30-day cure period, but not eliminating a statutory class action by way of the cure).  Specifically, an affected consumer must give a business thirty days’ notice of a CCPA violation prior to initiating any suit for individual or class-wide statutory damages. Importantly, “[I]f within the 30 days the business actuallycures the noticed violation and provides the consumer an express written statement that the violations have been cured and that no further violations shall occur,” the CCPA forbids an individual or class-wide statutory damages action against the business. While

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