Consumer Litigation Under the CCPA: A Year in Review

Private consumer litigation in 2020 was significantly impacted by the California Consumer Privacy Act (CCPA) which took effect on January 1, 2020. Whether asserted as a standalone CCPA violation claim or as a predicate act for other causes of action, including under California’s Unfair Competition Law (“UCL”), the volume of CCPA litigation has not abated. While some claims have already been resolved (by motion or agreement), others are just hitting their litigious stride and with a full year of experience, certain trends have started to develop.

Over the course of the year, we have reported and summarized filed cases in our CCPA Round-Ups (Q1, Q2, Q3/4). Now, with the first year of CCPA litigation behind us, this post (1) highlights emerging trends across the docket of cases; and (2) introduces Kelley Drye’s new CCPA Litigation Tracker, which is designed to provide an ongoing reference guide for updates on key cases involving consumers asserting CCPA-related claims.