Ariel :Good questions, Joseph!
So… here is the answers, and they are not (yet) straight answers: SB 20 is not yet law. It would replace sections and 1798.82 of the California Civil Code. I read and re-read and…. well, you get the point, but 1798.82 does not seem to have any penalties associated with it. It somewhat continues in 1798.83, and then 1798.84 does specify penalties, but calls them out only for violations of 1798.83! So, I placed a call to the California Attorney General’s office and am awaiting an official reply. I will post it here. But please remember: I am not a lawyer. For legal advice I suggest you contact an attorney.
Ariel

Have the Attorney General Office gotten back in touch with you on the quoted question?

It looks like the new SB 20 would require the notification to the Attorney General, which would then put the notifying company in to the pentalty part of section 4057 of the California Financial Information Privacy Act, right? So, it’s more of a round about penalty.

The penalty for 1798.82 lies with 1798.84 … 1798.84 provides that “any customer injured by a violation of this title may institute a civil action to recover damages.” “Any business that violates, proposes to violate, or has violated this title may be enjoined.” (1798.84(e).) 1798.82 is part of the Title 1.81, so it is included.

By contrast, 1798.84 provides that civil penalties are only available to consumers for violations of for 1798.83, w/o referencing 1798.82. (See 1798.84(c).) So, the blogger is correct regarding the unavailability of penalties under 1798.84 for violation of 1798.82. However, if he meets the standing requirements, he could bring an action for violation of Bus. & Prof. Code section 17200 for violation of 1798.82, but only for injunctive relief, not penalties. We, as law enforcement, can bring a section 17200 action seeking injunctive relief and penalties for violation of 1798.82.

So… here is the answers, and they are not (yet) straight answers: SB 20 is not yet law. It would replace sections and 1798.82 of the California Civil Code. I read and re-read and…. well, you get the point, but 1798.82 does not seem to have any penalties associated with it. It somewhat continues in 1798.83, and then 1798.84 does specify penalties, but calls them out only for violations of 1798.83! So, I placed a call to the California Attorney General’s office and am awaiting an official reply. I will post it here. But please remember: I am not a lawyer. For legal advice I suggest you contact an attorney.

Ariel

Ariel

I’m currently looking for penalties and fines related to many of these types of regulations. However, beyond the costs associated with notification, I don’t see anything that constitutes a fine or right to private action. Do you know of any examples where a company or executive was fined for non-compliance with SB 1386 or anything newer in CA?

Ariel