CCPA Security FAQs: Can non-California residents bring a class action under the CCPA following a data breach?


“Consumers” can bring suit under the CCPA if they can prove the following five elements:

  1. A business incurred a data breach;
  2. The data breach involved a sensitive category of information identified in Cal. Civil Code Section 1798.81.5;
  3. The business had a legal duty to protect the personal information from breach;
  4. The business failed to implement reasonable security procedures and practices; and
  5. The business’s failure resulted in (i.e., caused) a data breach.

While the common definition of “consumer” suggests that it refers to an individual that has “consumed” a product or a service in relation to a company, the definition ascribed by the CCPA is that a “consumer” is any “natural person who is a California resident.”1  As a result individuals that are not residents of California are not permitted to bring suit under the statute.

1. CCPA, Section 1798.140(g) (emphasis added).