TCPAWorld Special–Proposed CCPA Regulations: Initial Overview and Highlights

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The CCPA and TCPA live dangerously parallel lives. As one of the most experienced consumer class litigation outfits in the state of California, we here at TCPAWorld.com are keeping a very close eye on CCPA developments, while working with our colleagues that specialize in privacy more broadly. (Quite the tandem.) Well the folks in Squire Patton Boggs’ powerful Data Privacy and Cybersecuirty practice have penned a very impressive article that’s a real must read. Check it out here: https://www.securityprivacybytes.com/2019/10/proposed-ccpa-regulations-initial-overview-and-highlights/

This is a real must read article folks. In broad strokes the article covers the biggest take aways from the new proposed regs. While the article notes that these materials are complex–maybe not by TCPA standards, but complex enough– and further analysis will follow, it still contains a great breakdown of the biggest components of the reg, including answers to some burning questions:

  • What Is Addressed by the Proposed Regulations?
  • What Are the Biggest Changes?
  • How is the Deterrence of Fraud Addressed?
  • What’s With the Focus on Offline Activity?
  • What Clarifications Are Provided to Service Providers?
  • Does an Opt-Out Button or Logo Need to be Used?
  • How Do You Calculate the Value of Consumer Data?
  • And what Are the Procedural Details for Individual Rights Requests?
    • What are Opt-Out Requirements?
    • How Do You Respond to Rights Requests?
    • What about Deletion Details and Records Retention?

This stuff is just too much fun. Check out the article and keep in mind that our powerful team of advocates can assist your organization in commenting on these Proposed Regulations. (Unless, of course, you think they’re fine as written.)

The final regulations will not be approved until close to or after the effective date of January 1, 2020, but we are recommending that TCPAWorld buckle up and take steps now toward developing consumer-facing documents, as well as internal policies and procedures.

Need help? Well that’s why we exist.  Feel free to reach out. If I can’t answer your question off the top of my soon-to-be-hairless head, I can set you up with one of our privacy gurus that know this stuff cold.

Also don’t miss my huge DNC.com sponsored webinar next month discussing the crossover between the TCPA and the CCPA. Yeah… we’re going to break the internet with that one folks.

Editor’s Note: This article originally parroted the Data Privacy and CyberSecurity Blog Post 

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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