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Friday, January 8, 2021
Circumventing discovery: Can plaintiffs’ attorneys use CCPA access requests to obtain unsupervised discovery?
Litigants traditionally look to the rules of civil procedure in order to get discovery in a litigation. Plaintiff’s attorneys have, however, begun to try to circumvent restrictions within the discovery rules that are designed to limit the number, type, and timing of information requests, by sending out “access requests” on behalf of their clients under the California Consumer Privacy Act (CCPA).
Nothing within the legislative history of the CCPA suggests that it was intended to replace or supplant the discovery process set forth in the Federal Rules of Civil Procedure and in the California Code of Civil Procedure. Furthermore, one interpretation might be that forcing a civil litigant to disclose personal information outside of judicially proscribed and monitored discovery processes could improperly “restrict a business’ abilit
Ads that disregard personalized targeting generate 60% fewer sales than ads that target consumers, Facebook added, citing its own data. Apple’s new feature at the heart of the issue App Tracking Transparency won’t forbid companies like Facebook from collecting targeting data, but will ask them to disclose it and seek user opt-in.
In a conference call and blog post Wednesday, Facebook continued its attack, saying Apple’s business stands to gain from these changes. “Apple is behaving anti-competitively by using their control of the App Store to benefit their bottom line at the expense of creators and small businesses,” said Dan Levy, head of Facebook’s small business program. Facebook was sued earlier this month by state and federal regulators for alleged anticompetitive behavior.
Facebook Inc. lashed out at Apple Inc. in a series of full-page newspaper ads, claiming the iPhone maker’s coming mobile software changes around data gathering and targeted advertising are bad for small businesses. The ads, which ran Wednesday in the New York Times, Wall Street Journal and Washington Post, carried the headline “We’re standing up to Apple for small businesses everywhere.” They home in on upcoming changes to Apple’s iOS 14 operating system that will curb the ability of companies like Facebook to gather data about users and ply them with targeted advertising.
Facebook previously told investors that Apple’s changes, scheduled to go live early next year, will lead to significant headwinds because most of its advertisers are small businesses. Apple has pushed back, accusing Facebook in November of showing a “disregard for user privacy.”