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Key Provisions of California s Data Breach Law Have Yet To Be Determined | Skadden, Arps, Slate, Meagher & Flom LLP

Exercise strong encryption to protect information; Encourage individuals to file a fraud alert on their credit files; and Urge state policy makers to harmonize state breach laws. Notice and Cure Provision The CCPA’s notice and cure provision may provide businesses a way to avoid statutory damages, which, at $150 to $750 per individual, can add up to a daunting figure in a class action. Yet, after more than 18 months of CCPA lawsuits, the contours of the cure defense remain undefined, as early case law has not interpreted which violations are capable of being “cured” and how. How the notice and cure provision operates: A consumer planning to file a suit seeking statutory damages must give the business 30 days advance written notice. If the plaintiff does not notify the alleged violator before filing, the action may be subject to dismissal.

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