Proposed Broad Private Right of Action Under a New Federal Privacy Law Could Be a Plaintiff’s Paradise

The proposed comprehensive federal privacy law, the American Privacy Rights Act (APRA), entitles individuals to bring civil suits against entities that violate their rights under the law. The initial text of the APRA was released in early April 2024 and updated text on May 21, just 36 hours before the House Energy and Commerce Subcommittee on Innovation, Data and Commerce hearing where it was unanimously approved. As currently drafted, the APRA marks a monumental departure from the limited private enforcement available under current state privacy laws. In this guest article, Pillsbury attorneys Jeewon K. Serrato, Shruti Bhutani Arora and Christine Mastromonaco review the details of potential claims under the APRA’s private right of action, the remedies available to individuals and the preemptive effect of the APRA. See our two-part series on private actions under the California Privacy Rights Act: “Key Issues and Defense Strategies” (Oct. 18, 2023), and “Settlement Considerations and Mitigating Risk” (Oct. 25, 2023).

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