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Federal Court Finds the California Consumer Privacy Act (CCPA) Does Not Apply Retroactively, Dismissing Claims Against Walmart Stemming from an Alleged Data Breach Wednesday, March 10, 2021
A federal District Court in California recently dismissed a lawsuit against Walmart that arose from an alleged data breach. (
Gardiner v. Walmart, Inc., 20-cv-04618-JSW (N.D. Cal., March 5, 2021). Among other things, the court determined that California’s Consumer Privacy Act (CCPA) does not apply retroactively, dismissing the CCPA claim because the plaintiff had not specified the date of the alleged breach.
According to the allegations of the complaint, the plaintiff had provided certain personal identifying information (PII) to Walmart, including credit card information, when he created an online account. Plaintiff claimed that Walmart has been targeted numerous times by individuals who have hacked its website and its customers’ computers, and that the hackers p