June 30, 2023 | less than a minute read

C is for Chaos: Tentative Court Ruling May Delay CPRA Reg Enforcement

Close-up view of the California flag waving. California is a federated state of the United States located in the South West Coast

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Jessica Lee

Chief Privacy & Security Partner; Chair, Privacy, Security & Data Innovations

Get in touch

Jessica Lee

Chief Privacy & Security Partner; Chair, Privacy, Security & Data Innovations

With less than 24 hours left before the July 1 enforcement date for the CPRA, California continues to choose chaos. A tentative ruling has been issued in the California Chamber of Commerce’s lawsuit asking for a delay in the enforcement date for the CPRA regulations. The court tentatively granted the California Chamber’s petition, which would delay enforcement of the CPRA regs until March 2024. The ruling will become final (barring a very persuasive argument to the contrary) after oral arguments, which are scheduled for today. This ruling will not affect the CPPA's agency to enforce to CCPA or the CPRA amendments. This only reaches the CPRA regulations, which were finalized this Spring, after a significant delay. Stay tuned.

Finally, the Court is not persuaded by the Agency’s argument that Petitioner has not demonstrated how California businesses have been prejudiced by the Agency’s failure to adopt final regulations by July 1, 2022, or how they will be prejudiced by the Agency’s enforcement of regulations beginning July 1, 2023. The Agency points to no authority indicating Petitioner must make any such showing, nor is the Court persuaded that Petitioner must do so. The Court’s finding that the Agency failed to timely pass final regulations as required by Section 1798.185 is sufficient to grant the Petition.