CCPA Privacy FAQs: Does a loyalty program benefit have to relate to the value provided to a business by consumer data?

No.

The CCPA provides as an exception to its prohibition against discrimination situations in which a “price or difference” is related to the value provided to a business by the consumer’s data.1  While some retailers have suggested that this exception may require that all retailers explain how the benefits of their loyalty program relate to the value to a business of loyalty-program-members data, such an interpretation overlooks the fact that the anti-discrimination provisions of the CCPA only require that a business does not discriminate against a consumer that exercises a right under the CCPA.  As joining a loyalty program is not, in and of itself, a right, a business is not required to explain how the benefits offered by the loyalty program relate to the value provided to the business by consumer data.