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Proposed Broad Private Right of Action in American Privacy Rights Act (APRA) Could Be a Plaintiff’s Paradise

On May 23, the House Subcommittee on Innovation, Data and Commerce advanced out of committee the American Privacy Rights Act (APRA), a draft piece of legislation to establish a federal data privacy standard in the United States. The legislation now moves to the full Energy and Commerce Committee for markup. Several changes were made in the draft legislation during the markup process, but the section containing a groundbreaking set of private right of action remains unchanged.

In the Cybersecurity Law Report, colleagues Jeewon K. SerratoShruti Bhutani Arora and Christine Mastromonaco discuss the details of the APRA’s private right of action, the remedies available to individuals and the preemptive effect of the APRA.

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