The United States District Court for the Central District of California.
For the last five years, BCLP has published the leading analysis of data breach class action litigation.1 As part of that study, BCLP has reviewed every class action complaint against a private company that was filed in federal court and that sought recovery based upon a data security breach.2 Among other variables, BCLP tracks the federal court in which a data breach class action has been filed (or the federal court to which a data breach class action is removed from state court). As our 2019 Data Breach Litigation Report indicates, plaintiffs' most popular forum for filing a data breach class action is the United States District Court for the Central District of California. Indeed, more than 1 out of every 4 data breach class actions was filed in that forum (26%). The second most popular forum for filing a data breach class action was the Northern District of California (13%). Combined, California district courts accounted for nearly half of all data breach class action filings.
While plaintiffs are not required to file suit under the CCPA within California, BCLP anticipates that the enactment of the CCPA will further strengthen plaintiffs’ attorneys’ preference toward California courts.
For more information and resources about the CCPA visit http://www.CCPA-info.com.
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. See 2019 Data Breach Litigation Report available at https://www.bclplaw.com/images/content/1/6/v6/163774/2019-Litigation-Report.pdf.
2. See 2019 Data Breach Litigation Report available at https://www.bclplaw.com/images/content/1/6/v6/163774/2019-Litigation-Report.pdf. Note that the 2019 Data Breach Litigation Report excludes state court litigation as state courts are inconsistent in their publication of filed complaints and, as a result, inclusion of state-filed complaints that were not removed to federal court would inadvertently over-represent or under-represent the quantity of filings in any state depending upon whether a particular state (or a particular court) publishes electronic versions of case filings.