Is the California Consumer Privacy Act the Answer to Price Discrimination?

6 Pages Posted: 14 Oct 2018 Last revised: 5 Nov 2018

See all articles by Akiva Miller

Akiva Miller

New York University School of Law; Hebrew University of Jerusalem - Faculty of Law

Date Written: September 6, 2018

Abstract

The sections of the California Consumer Privacy Act (CaCPA) dealing with price discrimination and are ill-conceived, badly written, and do not offer meaningful guidance or an answer to harmful pricing practices. In this article, I argue that the rules prohibiting discrimination based on a consumer’s exercise of her CaCPA rights are completely swallowed up by the exception that permits discrimination that is reasonably related to the value provided to the consumer, resulting in internal contradiction and legal uncertainty. Additionally, CaCPA’s disclosure mandates do not advance pricing transparency. Lastly, the liability sections contain large gaps that will allow businesses and their marketing intermediaries to absolve themselves of responsibility for privacy abuses.

Keywords: Privacy, CaCPA, Price Discrimination, Law, Consumer Protection

Suggested Citation

Miller, Akiva, Is the California Consumer Privacy Act the Answer to Price Discrimination? (September 6, 2018). Hebrew University of Jerusalem Legal Research Paper No. 30. Available at SSRN: https://ssrn.com/abstract=3245548 or http://dx.doi.org/10.2139/ssrn.3245548

Akiva Miller (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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