The Unruh Act provides broad disability protections and allows plaintiffs to recover statutory damages of at least $4,000 per violation.
California Accessibility & Privacy Laws
California leads the nation in both digital accessibility and consumer privacy protections. The Unruh Civil Rights Act provides strong accessibility enforcement, while the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) offer the most comprehensive privacy protections in the United States.
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Accessibility Laws
Unruh Civil Rights Act
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Privacy Laws
CCPA/CPRA
The most comprehensive state privacy law, granting consumers rights to know, delete, correct, and opt out of data sales and sharing.
Unruh Civil Rights Act - Accessibility
California's Unruh Civil Rights Act (Cal. Civ. Code ยง 51 et seq.) provides some of the strongest disability protections in the nation, including for website accessibility.
Key Features
- Statutory damages: Minimum $4,000 per violation, plus actual damages
- Private right of action: Individuals can sue businesses directly
- ADA violations = Unruh violations: Any ADA violation is automatically an Unruh violation
- Broad coverage: All business establishments in California
- Attorney's fees: Prevailing plaintiffs can recover attorney's fees
Covered Entities
- All businesses operating in California
- State government agencies
- State contractors and vendors
- Public educational institutions
- Local government entities
- Online businesses serving California residents
Website Accessibility Requirements
While California doesn't specify a particular technical standard, courts have generally looked to WCAG 2.1 Level AA as the benchmark for accessibility compliance. The Unruh Act requires that:
- Websites must be fully and equally accessible to people with disabilities
- All website features and functions must be accessible
- Alternative means of access may be required if technical accessibility isn't feasible
California Consumer Privacy Act (CCPA/CPRA)
California enacted the CCPA in 2018, effective January 1, 2020. The California Privacy Rights Act (CPRA) amended and strengthened the CCPA, taking effect January 1, 2023, with enforcement beginning in 2024.
Who Must Comply?
Businesses that collect California residents' personal information AND meet any of these thresholds:
- Annual gross revenues exceeding $25 million
- Buy, sell, or share personal information of 100,000+ consumers or households annually
- Derive 50%+ of annual revenues from selling or sharing consumers' personal information
Consumer Rights Under CCPA/CPRA
| Right | Description |
|---|---|
| Right to Know | Request disclosure of personal information collected over past 12 months |
| Right to Delete | Request deletion of personal information |
| Right to Correct | Request correction of inaccurate personal information (CPRA) |
| Right to Opt-Out | Opt out of sale or sharing of personal information |
| Right to Limit | Limit use of sensitive personal information (CPRA) |
| Right to Portability | Receive personal information in portable format |
| Right to Non-Discrimination | Cannot be penalized for exercising privacy rights |
Website Compliance Requirements
- Privacy Policy: Comprehensive privacy policy updated annually
- "Do Not Sell or Share" Link: Clear homepage link for opt-out
- "Limit Use" Link: If collecting sensitive data
- GPC Compliance: Honor Global Privacy Control signals
- Consumer Request Mechanisms: At least two methods for submitting requests
Penalties
| Violation Type | Maximum Penalty |
|---|---|
| Unintentional CCPA/CPRA violation | $2,500 per violation |
| Intentional CCPA/CPRA violation | $7,500 per violation |
| Violation involving minors | $7,500 per violation |
| Data breach (private action) | $100-$750 per consumer per incident |
Enforcement
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Accessibility Enforcement
- Private lawsuits under Unruh Act
- California Attorney General
- Local district attorneys
- California Department of Fair Employment and Housing
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Privacy Enforcement
- California Privacy Protection Agency (CPPA)
- California Attorney General
- Private right of action (data breaches only)
- No cure period (expired January 2023)
Related Resources
- California CCPA/CPRA Detailed Guide
- US Privacy Laws Overview
- ADA Title III Requirements
- All State Laws
- Report a Violation
Need Help with California Compliance?
California has the most stringent accessibility and privacy requirements in the nation. Contact our experts for guidance on meeting both Unruh Act accessibility requirements and CCPA/CPRA privacy obligations.