A recent appellate decision has made clear that the regulations promulgated under California’s groundbreaking consumer privacy law, the California Consumer Privacy Act (CCPA, as amended by the California Privacy Rights Act (CPRA)), are ripe for enforcement without any further delay. Moreover, additional regulations expected to be finalized over the next year will be enforceable with no waiting period.

On Feb. 9, 2024, the Third Appellate District of the California Court of Appeal reinstated the California Privacy Protection Agency’s (CPPA) authority to enforce the CCPA regulations. The court’s ruling in California Privacy Protection Agency v. The Superior Court of Sacramento County (case number C099130) overturned the lower court’s June 2023 decision to temporarily strip the CPPA of its enforcement capabilities, thereby enabling the CPPA to immediately resume enforcement activities and, further, impacting future CPPA rulemaking and enforcement practices.

The June 2023 Superior Court Decision