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The California Attorney General continued its series of public forums regarding the California Consumer Privacy Act (CCPA), with forums last week in Riverside (January 24, 2019) and
Los Angeles (January 25, 2019). As in the previous forums, there were a significant number of attendees, but few elected to speak publicly regarding their views on the Act. You can read our reports on the public forums held earlier this month in San Francisco and San Diego.

Lisa Kim, Deputy Attorney General for the AG’s Privacy Unit, provided opening remarks at both forums and identified the areas of the AG’s rulemaking on which speakers should focus their comments, specifically those areas of the Act that call for specific AG rules.  Ms. Kim encouraged interested parties to provide written comments and proposed regulatory language during this pre-rulemaking phase. Consistent with the prior forums, she noted that the AG’s office would be listening, and not responding, to comments made in Riverside and Los Angeles.

Of note, the presentation slides made available at the forum (and available here) state that the AG anticipates publishing proposed rules in Fall 2019,and that after that there will be a period for public comment and additional public hearings.


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In anticipation of preparing rules to implement the California Consumer Privacy Act, the California Attorney General recently announced six public forums that he will host in January and February 2019 across California.  On January 8, 2019, the AG hosted the first of these forums in San Francisco.  The following provides an overview of the forum and the comments made at the forum.

Overview of the January 8, 2019, San Francisco Forum 

Stacey Schesser, the Supervising Deputy Attorney General for the AG’s Privacy Unit, provided opening remarks.  Ms. Schesser confirmed that the AG’s office is at the very beginning of its rulemaking process.  Although the AG’s office will solicit formal comments after it prepares proposed rules, the AG is interested in receiving detailed written comments from the public with proposed language during this informal period.

These forums appear to be designed to inform the AG’s rulemaking and potentially streamline the process, by allowing public input before rules are drafted.  In this regard, Ms. Schesser clarified that she and other AG representatives in attendance at the San Francisco forum were there only to listen to the public comments and would not respond to questions or engage with speakers.  As a result, if the remaining forums follow a similar approach, it is unlikely that the forums will elicit meaningful intelligence regarding the AG’s anticipated approach to, or the substance of, the anticipated rulemaking.


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Massachusetts appears to have followed California’s lead in opening a litigation floodgate over ZIP code collection at the point of sale. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores, Inc., 246 P.3d 612 (Cal. 2011), that a retailer illegally collects personal identification information (PII) when it requests and records ZIP

Handing a victory to online retailers, on February 4, 2013, the California Supreme Court held in a split decision that online transactions involving electronically downloadable products fall outside the scope of the Song-Beverly Credit Card Act (Apple v. Superior Court (Krescent), S199384). Despite acknowledging the unique fraud issues present in online transactions, the