No.
The CCPA provides as an exception to its prohibition against discrimination situations in which a “price or difference” is related to the value provided to a business by the consumer’s data.1 While some retailers have suggested that this exception may require that all retailers explain how the benefits of their loyalty program relate to the value to a business of loyalty-program-members data, such an interpretation overlooks the fact that the anti-discrimination provisions of the CCPA only require that a business does not discriminate against a consumer that exercises a right under the CCPA. As joining a loyalty program is not, in of itself, a right, a business is not required to explain how the benefits offered by the loyalty program relate to the value provided to the business by consumer data.
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. Cal. Civil Code 1798.125(a)(1), (b)(1) (as amended by AB 1355).
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