California Code of Regulations › Title 11 - Law › Division 6 - California Privacy Protection Agency › Chapter 1 - California Consumer Privacy Act Regulations › Article 7 - Non-Discrimination › Section 7080 - Discriminatory Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A price or
				  service difference is discriminatory, and therefore prohibited by Civil Code section
				  1798.125, if the
				  business treats a consumer differently because the consumer exercised a right
				  conferred by the CCPA or these regulations.
(b) A business may offer a price or service
				  difference that is non-discriminatory. A price or service difference is
				  non-discriminatory if it is reasonably related to the value of the consumer's data.
				  If a business is unable to calculate a good-faith estimate of the value of the
				  consumer's data or cannot show that the price or service difference is reasonably
				  related to the value of the consumer's data, that business shall not offer the price
				  or service difference.
(c) A business's
				  denial of a consumer's request to delete, request to correct, request to know, or
				  request to opt-out of sale/sharing for reasons permitted by the CCPA or these
				  regulations shall not be considered discriminatory.
(d) Illustrative examples follow:
(1)
Example 1
: A music streaming
				  business offers a free service as well as a premium service that costs $5 per month.
				  If only the consumers who pay for the music streaming service are allowed to opt-out
				  of the sale or sharing of their personal information, then the practice is
				  discriminatory, unless the $5-per-month payment is reasonably related to the value
				  of the consumer's data to the business.
(2)
Example 2
: A clothing
				  business offers a loyalty program whereby customers receive a $5-off coupon by email
				  after spending $100 with the business. A consumer submits a request to delete all
				  personal information the business has collected about them but also informs the
				  business that they want to continue to participate in the loyalty program. The
				  business may deny their request to delete with regard to their email address and the
				  amount the consumer has spent with the business because that information is
				  necessary for the business to provide the loyalty program requested by the consumer
				  and is reasonably anticipated within the context of the business's ongoing
				  relationship with them pursuant to Civil Code section
				  1798.105,
				  subdivision (d)(1).
(3)
Example
				  3
: A grocery store offers a loyalty program whereby consumers receive
				  coupons and special discounts when they provide their phone numbers. A consumer
				  submits a request to opt-out of the sale/sharing of their personal information. The
				  retailer complies with their request but no longer allows the consumer to
				  participate in the loyalty program. This practice is discriminatory unless the
				  grocery store can demonstrate that the value of the coupons and special discounts
				  are reasonably related to the value of the consumer's data to the
				  business.
(4)
Example
				  4
: An online bookseller collects information about consumers, including
				  their email addresses. It offers coupons to consumers through browser pop-up windows
				  while the consumer uses the bookseller's website. A consumer submits a request to
				  delete all personal information that the bookseller has collected about them,
				  including their email address and their browsing and purchasing history. The
				  bookseller complies with the request but stops providing the periodic coupons to the
				  consumer. The bookseller's failure to provide coupons is discriminatory unless the
				  value of the coupons is reasonably related to the value provided to the business by
				  the consumer's data. The bookseller may not deny the consumer's request to delete
				  with regard to the email address because the email address is not necessary to
				  provide the coupons or reasonably aligned with the expectations of the consumer
				  based on the consumer's relationship with the business.