California Assembly Bill 1546

Summary
This bill would require an action by the Attorney General of California to enforce the California Consumer Privacy Act (CCPA) to be commenced within five years after the cause of action accrued. TechNet, NetChoice, the Computer and Communications Industry Association (CCIA) and several other industry groups recently sent a letter opposing the bill, arguing that by extending the statute of limitations, it “would impose additional burdens on businesses while also failing to provide any additional benefit to consumers.” Violation by any business, service provider, contractor, or other person results in an injunction and civil penalty of not more than $2,500 for each violation or $7,500 for each intentional violation and each violation involving the personal information of minor consumers. Upon request by the Attorney General, the agency will stay an administrative action or investigation under this title to permit the Attorney General to proceed with an investigation or civil action. The agency cannot limit the authority of the Attorney General to enforce this title. An action by the Attorney General to enforce this title must be commenced within five years after the cause of action accrued. Any civil penalty recovered by an action brought by the Attorney General for a violation of this title and the proceeds of any settlement will be deposited in the Consumer Privacy Fund. This will not affect the existing private right of action.