On the first night of Hannukah, the California Department of Justice gave to me … a fourth set of amendments to California Consumer Privacy Act regulations … and a form opt out button (!?)

Key changes:

Offline notice:  A business that sells personal information that it collects in the course of interacting with consumers offline shall also inform consumers by an offline method of their right to opt out and provide instructions on how to submit a request to opt out.

  • If in a brick-and-mortar location, it can be on the paper forms that collect personal information or by posting signage in the area where the personal information is collected directing consumers to where the opt-out information can be found online.
  • If over the phone , notice can be provided orally during the call when the information is collected.

The regs propose a form “opt out button.” The suggested button may be used in addition to, but not in place of, the opt out notice and the “Do Not Sell” link.

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  • If used, the button is to be placed to the left of the “Do Not Sell” link, link to the same internet webpage as the DNS link and be the same size as other buttons on the website.

A business’s methods for submitting requests to opt-out shall be easy for consumers to execute and shall require minimal steps to allow the consumer to opt-out.