CCPA Security FAQs: Does the CCPA identify a minimum statutory damage that must be awarded?

August 29, 2019

Yes.

Section 1798.150 of the CCPA permits consumers to “institute a civil action” if consumer “personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject to unauthorized access and exfiltration, theft, or disclosure,” and where that unauthorized access was “a result of the business’s violation” of a duty to “implement and maintain reasonable security procedures and practices . . . .” 1  If a plaintiff is successful in bringing such a suit, the CCPA states that the plaintiff can recover damages “in an amount not less than one hundred dollars ($100) . . . per consumer per incident. . . .”2


This article is part of a multi-part series published by BCLP to help companies understand and implement the General Data Protection Regulation, the California Consumer Privacy Act and other privacy statutes.  You can find more information on the CCPA in BCLP’s California Consumer Privacy Act Practical Guide, and more information about the GDPR in the American Bar Association’s The EU GDPR: Answers to the Most Frequently Asked Questions.

1. Cal. Civil Code 1798.150(a)(1).

2. Cal. Civil Code 1798.150(a)(1)(A).