Duane Pozza Discusses California’s New Consumer Privacy Law

January 3, 2020

Duane C. Pozza, partner in Wiley Rein’s Privacy, Cyber & Data Governance, FTC Regulation and Fintech practices, was quoted in a Law360 article about the California Consumer Privacy Act (CCPA), which took effect January 1.

Mr. Pozza discussed draft regulations to implement a section of the CCPA that prohibits discrimination against consumers based on the exercise of their CCPA rights, but permits financial incentives and price and service differences in limited circumstances. As reported by Law360, the California Attorney General’s draft rules do not explicitly exempt loyalty programs from scrutiny, but would allow companies to offer a different price or service if it is “reasonably related to the value of the consumer’s data” – which the companies would need to calculate.

The draft regulations make the situation “unnecessarily complicated,” said Mr. Pozza. “The concern is that it will decrease the usage of these loyalty programs that are actually beneficial to consumers.”

To read the article, click here (subscription required).