California Consumer Privacy Act (CCPA), Incentives

Privacy vs. Perks: Comparing the CCPA’s Notice of Financial Incentive and the Colorado Privacy Act’s Bona Fide Loyalty Program...

BakerHostetler on 5/5/2023

What is loyalty? Ask a mob boss, a Los Angeles Lakers fan and a Labrador retriever, and you might get three different answers. Ask a retailer, and they’ll likely tell you that a loyalty program can be a great tool for...more

California Attorney General Issues Second Year CCPA Enforcement Report: Key Takeaways

Fox Rothschild LLP on 8/30/2022

Yes, your privacy notice does need to be “that good.” If it isn’t, the California Attorney General’s Office might come knocking. Here are some key points from the AG’s second year enforcement report:...more

What Hospitality Businesses With a Loyalty Program Can Do Now to Stay Compliant With the California Consumer Privacy Act

Foster Garvey PC on 2/11/2022

To celebrate Data Privacy Day, on January 28, California Attorney General Rob Bonta announced an investigative sweep of businesses offering loyalty programs in California. This should come as no surprise, as Attorney General...more

4 Takeaways for Businesses as California AG Targets Loyalty Rewards Programs

Fisher Phillips on 2/10/2022

The California Attorney General put loyalty rewards programs directly in his sights when he recently announced an “investigative sweep” of a number of businesses operating such programs in state. While it is lawful for...more

Discounts for Data: California AG Sends Notice Letters to Loyalty Program Operators on Data Privacy Day

ArentFox Schiff on 2/7/2022

The California Attorney General sent a sweep of notices to businesses with loyalty programs alleging noncompliance with the California Consumer Privacy Act. Why are loyalty programs implicated in the California Consumer...more

Analyzing the CCPA’s Notice of Financial Incentive Requirement in the Wake of the Attorney General’s Issuance of Violation Notices...

Husch Blackwell LLP on 2/4/2022

Keypoint: With the CCPA’s “right to cure” violations expiring at the end of the year, businesses should take note of the AG’s recent enforcement efforts and, to the extent necessary, provide the requisite notice of financial...more

CAAG Announces Investigative Sweep of Loyalty Programs’ Compliance with CCPA

Robinson+Cole Data Privacy + Security Insider on 2/3/2022

California Attorney General Rob Bonta is serious about compliance with the California Consumer Privacy Act (CCPA). So serious, that on January 28, 2022, also known as Data Privacy Day, he announced that his office was...more

Heads-Up to Any Companies with Loyalty Programs –They Count as “Financial Incentives” for Purposes of the CCPA

Rothwell, Figg, Ernst & Manbeck, P.C. on 2/1/2022

On Friday, January 28, 2022, the California Office of Attorney General issued a press release announcing that California DOJ sent notices alleging non-compliance with the California Consumer Privacy Act (CCPA) to a number of...more

Financial Institutions Must Assess Whether They Must Comply with CCPA Requirements for Financial Incentive Programs

Ballard Spahr LLP on 8/23/2021

Last month, California Attorney General Rob Bonta released a summary of his office’s enforcement activity under the California Consumer Privacy Act (CCPA). Although the summary did not include company names, the summary...more

CCPA Regulations: Free Stuff And Financial Incentives

Fox Rothschild LLP on 7/15/2020

Commenters on the final California Consumer Privacy Act (CCPA) regulations asked if a company gives you a product without charge but in consideration for your information, could that still be deemed a financial incentive...more

Does the collection of contact information to transmit promotions or discounts count as a “financial incentive program” under the...

BCLP on 6/24/2020

The regulations implementing the CCPA define a “financial incentive” as any “program, benefit or other offering, including payments to consumers, related to the collection, retention, or sale of personal information.” Some...more

If a business offers a financial incentive when collecting a consumer’s personal information, does it have to estimate the value...

BCLP on 12/23/2019

No. The CCPA generally prohibits a business from “discriminat[ing]” against a consumer that chooses to exercise “any of the consumer’s rights” – i.e., the right of access, the right of deletion, or the right to opt out of...more

California Consumer Privacy Act (CCPA) › Incentives