Squire Patton Boggs – California’s Supervising Deputy Attorney General Stacey Schesser, spoke about how the state OAG has its eye on a broader legal strategy, pursuant to which OAG will cite to CCPA violations as an unlawful predicate for a violation of California’s unfair competition law, Business and Professions Code § 17200.
In doing so, CA OAG will be able to seek remedies under both the CCPA (injunctive relief, civil penalties of $2,500 per violation or $7,500 for each intentional violation) and UCL (injunctive relief, restitution, civil penalties of $2,500 per violation). Notably, remedies or penalties granted under UCL are cumulative to both each other and any remedies or penalties available under other state laws, meaning that obtaining remedies under UCL would not displace any other remedies that might exist, and therefore, regulators may recover under UCL in addition to recoveries under other laws, such as the CCPA. In addition, SDAG Schesser noted that the CA OAG can enforce both state laws and certain federal laws and can use tools such as subpoenas, interrogatories, and lawsuits to achieve their enforcement goals.
Source:
- Squire Patton Boggs: Potential CCPA Fines “Significant”, California AG’s Office “Plotting” and Other Takeaways From Privacy Regulators during Privacy Summit in Los Angeles
