- 1798.100 – Consumers right to receive information on privacy practices and access information
- 1798.105 – Consumers right to deletion
- 1798.110 – Information required to be provided as part of an access request
- 1798.115 – Consumers right to receive information about onward disclosures
- 1798.120 – Consumer right to prohibit the sale of their information
- 1798.125 – Price discrimination based upon the exercise of the opt-out right
April 20, 2021
3:21-cv-01137-LAB-MSB (originally 2:21-cv-03385)
USDC Southern District of California
Smith and Yuan, et al.
Putative class action against a bank. Defendant is alleged to have failed to securely store and transfer cardholder PII (e.g. names, account or credit/debit card numbers and associated security codes), including issuing cards without EMV chip technology, resulting in unauthorized access, disclosure, and theft of PII and property. Complaint alleges a violation of the CCPA §§ 1798.100, et seq.: failure to take reasonable measures to adequately protect Plaintiffs' personal information. Plaintiffs also bring various claims for negligence, negligent failure to warn, violation of the Electronic Funds Transfer Act (15 USC § 1963 and 12 C.F.R. § 205.1, et seq.), breach of contract, and violation of CA's Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200, et seq.). Transferred from USDC Central District of California to USDC Southern District of California.