How Defendants Are Attacking CCPA Claims

This resource provides an overview of the legal strategies defendants are using to challenge claims brought under the California Consumer Privacy Act (CCPA). As plaintiffs have filed more than 140 CCPA‑related actions, defendants have developed a range of arguments aimed at avoiding liability under the law’s limited private right of action. The chart highlights several recurring defense approaches, including arguments that the CCPA does not apply retroactively, that plaintiffs fail to meet the statute’s definition of a “consumer,” that alleged personal information was not “nonencrypted and nonredacted,” or that plaintiffs have not sufficiently linked security deficiencies to the alleged breach.

It also illustrates how defendants invoke narrower statutory definitions, challenge causation, and question Article III standing in federal court.