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How a New Tool that Crowdsources California Privacy Law Violation Allegations Creates Gray Areas

Loeb & Loeb Advanced Media & Technology partner Jessica Lee spoke with Digiday about the California Department of Justice’s new tool that crowdsources Californians by allowing consumers to create letters to send to companies through email or regular mail notifying them that they may be in violation of the California Consumer Privacy Act if the companies do not include a homepage link for people to opt out from data collection.

“I think it’s an interesting tactic because it kind of puts the consumer in the attorney general’s office and helps them in the policing function,” said Jessica in the article.

However, Jessica told the publication that the letter-generating tool raises “a number of due process concerns that don’t feel particularly well-thought-out.” For instance, she said it’s not clear whether the 30-day clock starts ticking when someone sends a letter or if a company should wait until it receives separate correspondence from the attorney general’s office.

Click here to read the article on Digiday’s website.