The Telephone Consumer Protection Act (TCPA) covers unsolicited calls and texts, aimed at protecting consumers from harassing and unwanted communications. With the April 2021 Facebook SCOTUS case[1] (see GT Alert) reducing the prevalence of some TCPA claims with private rights of action, new claims are starting to emerge as plaintiffs’ favorites.
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Section 1798.150 of the CCPA permits consumers to “institute a civil action” if consumer “personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject to unauthorized access and exfiltration, theft, or disclosure,” and where that unauthorized access was “a result of the business’s violation” of a