On April 4, 2025, the California Privacy Protection Agency (CPPA) Board met to discuss the latest draft California Consumer Privacy Act (CCPA) regulations related to cybersecurity audits, risk assessments, automated decision-making technology (ADMT), and an assortment of other updates to existing regulations. These revisions come after the CPPA first released draft regulations on these topics in July 2024 and initiated the formal rulemaking in November 2024, as analyzed in a prior alert. The board meeting turned out to be quite contentious, with board member Alastair Mactaggart emphasizing some of the serious concerns raised in the unusually large volume of public comments—totaling 630 comments and 1,664 pages of feedback—expressing his own concerns that those comments lay out “the very explicit blueprints” for others to challenge the constitutionality of the draft regulations. Ultimately, the Board provided extensive feedback on the draft regulations to CPPA staff, going beyond the issues that staff had prepared for discussion.Continue Reading CPPA Board Grapples with Public Concerns: Key Updates on Upcoming AI, Risk Assessment, and Cybersecurity Regulations
Taylor Stenberg Erb
Lessons from the CPPA’s $632,500 Settlement with Connected Vehicle Manufacturer
Posted in Privacy
On March 12, 2025, the California Privacy Protection Agency (CPPA) announced a settlement with American Honda Motor Co. (Honda) over alleged violations of the California Consumer Privacy Act (CCPA). The CPPA investigated Honda as part of its investigative sweep into the data privacy practices of connected vehicles and related technologies, announced in July 2023. The CPPA specifically alleged, among other things, that Honda engaged in practices that made it difficult for Californians to exercise their out-opt rights and shared consumers’ personal information with ad tech service providers without proper contractual protections.Continue Reading Lessons from the CPPA’s $632,500 Settlement with Connected Vehicle Manufacturer
CPPA Votes Out Proposed Delete Request and Opt-Out Platform (DROP) Data Broker Regulations
Posted in Privacy
On March 7, 2025, the California Privacy Protection Agency (CPPA) Board met to discuss its proposed data broker regulations concerning the Delete Request and Opt-Out Platform (DROP) and voted to authorize CPPA staff to advance the regulations to formal rulemaking. As mandated by the Delete Act (discussed in a previous alert), the DROP will allow California residents to submit a single request to delete all personal information held by all data brokers operating in the state via an accessible mechanism. Data brokers would be required to access the DROP for updates every 45 days and delete the personal information of any state resident that matched the data broker’s records unless a deletion exception set forth in the California Consumer Privacy Act (CCPA) applies. These regulations also follow the CPPA’s November 2024 meeting, during which CPPA staff provided an update on the development of the DROP.Continue Reading CPPA Votes Out Proposed Delete Request and Opt-Out Platform (DROP) Data Broker Regulations
Shaping Consumer Protection: What to Expect from Incoming Chairman Ferguson’s FTC
Posted in Regulatory
On December 10, 2024, President-elect Trump named FTC Commissioner Andrew Ferguson as next Chairman of the Federal Trade Commission (FTC), replacing Chair Lina Khan on January 20, 2025. As a Senate-approved sitting Commissioner, he will not need Senate approval to assume the role of Chairman. President-elect Trump also named Mark Meador as a Commissioner to fill the slot currently occupied by Chair Khan. Meador is a former staff member for Senator Mike Lee (R-UT). He has experience serving at the FTC, having spent five years at the beginning of his career working on antitrust cases at the agency.Continue Reading Shaping Consumer Protection: What to Expect from Incoming Chairman Ferguson’s FTC
CFPB Issues Proposed Rule to Cover Data Brokers Under the Fair Credit Reporting Act
Posted in Regulatory
On December 3, 2024, the Consumer Financial Protection Bureau (CFPB) announced its highly anticipated and controversial proposed rule that primarily aims to bring data brokers within the scope of the Fair Credit Reporting Act (FCRA). Data brokers have long argued that they do not furnish “consumer reports,” and thus do not constitute “consumer reporting agencies” subject to the FCRA’s obligations. The CFPB catalogues the harms that have resulted from such a stance; namely, risks to national security, financial well-being, and personal safety when data brokers sell information to countries of concern, scammers, or stalkers. The proposed rule seeks to cover data brokers by clarifying key provisions within the definition of “consumer report.” The proposed rule also aims to shore up consumer protections under the FCRA by interpreting the definition of “consumer reporting agency” more broadly and permissible purposes for furnishing consumer reports more narrowly, such as consumer consent and legitimate business needs. The CFPB seeks public comment on the proposed rule, which must be received on or before March 3, 2025.Continue Reading CFPB Issues Proposed Rule to Cover Data Brokers Under the Fair Credit Reporting Act