Ad Agencies Team to Tackle Latest CCPA Twist

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The ad industry is telling California officials that the state is layering confusion upon confusion when it comes to trying to comply with new privacy laws, which they suggest are a moving target that is virtually impossible to hit.

That came in comments to California Attorney General Xavier Becerra on a third set of modifications to the California Consumer Privacy Act, modifications on top of changes proposed in a Nov. 3 ballot initiative that is likely to pass, the ad groups concede.

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The groups claim the modifications threaten businesses' free speech rights because they "(1) unreasonably restrict consumers from receiving important information about their privacy choices, (2) prescriptively describe how businesses must provide offline notices, and (3) unfairly fail to hold authorized agents to the same consumer notice standards as businesses."

Related: Consumer Groups Have Issues with CCPA

They argue that the changes would do nothing to help consumers, while impinging on businesses' free speech rights. They want the modifications further modified, including by "clarify[ing] that businesses communicating with consumers via telephone may direct them to an online website containing the required opt out notice as an acceptable way of communicating the right to opt out."

Related: Ad Agencies Say California Law Threatens Commercial Speech

Joining in the comments were the Association of National Advertisers, American Association of Advertising Agencies, Interactive Advertising Bureau, Network Advertising Initiative, American Advertising Federation, and the Digital Advertising Alliance.

ANA's Dan Jaffe said the new modifications on top of the old modifications on top of the ballot initiative will lead to a "never-ending fight to comply with privacy law in California."

Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.