On March 12, 2025, the California Privacy Protection Agency (“CPPA”) announced a decision and $632,500 fine related to allegations that American Honda Motor Co., Inc. (“Honda”) violated the California Consumer Privacy Act (“CCPA”).

  • Collected More Information Than Necessary In Data Subject Rights Request Webform:  The CPPA alleged that Honda’s data subject rights webform “unlawfully require[d] Consumers to provide more information than necessary to exercise their CCPA rights” to opt-out of sale and sharing.  Honda’s data subject rights request webform required consumers to provide eight data elements for all types of requests, even where those requests did not require verification under the CCPA regulations.  Specifically, the CPPA noted that “[a]lthough Honda generally needs only two data points form the Consumer to identify the Consumer within its database, Honda’s verification process for Verifiable Consumer Requests requires the matching of more than two data points.”  Additionally, the CPPA alleged that Honda violated the CCPA by requiring consumers to verify themselves to exercise Requests to Opt-Out of Sale/Sharing and Requests to Limit.
  • Authorized Agent Confirmation:  Honda’s data subject rights webform contemplated that authorized agents could submit requests, but the functionality, in practice, required the consumer to verify himself or herself.  Although the CCPA permits a business to ask the authorized agent to provide the consumer’s signed permission, “businesses may not require the Consumer to directly confirm that they have provided the Authorized Agent permission to submit the request.”  In addition, the CPPA noted the CCPA’s prohibition on requiring verification for Requests to Opt-Out of Sale/Sharing and Requests to Limit.
  • Cookie Management Tools:  The CPPA alleged that Honda’s use of cookie management tools to opt-out of cross context behavioral advertising did not comply with the CCPA Regulations’ requirements for symmetrical choices.  Specifically, the CPPA alleged that the process to opt-out of sale/sharing through the cookie management tool required more steps than to opt back in.  Additionally, there is a paragraph that discusses website banners with choices that are not equal or symmetrical, although there is no specific allegation that Honda’s website banner violated the CCPA.
  • Contracts with Vendors:  The CPPA notes in its Order that “[d]espite Collecting, Sharing, and disclosing Personal Information” with certain advertising technology vendors, “Honda could not produce contracts with these advertising technology companies.”  The CPPA refers to the requirement in Cal. Civ. Code § 1798.100(d) that businesses that Collect and disclose personal information to a third party, service provider, or contractor put in place an agreement that meets certain requirements.

Among other obligations, the Order requires Honda to reform its Opt-Out of Sale/Sharing and Request to Limit request process, change the authorized agent submission process, and change the cookie management tool options.  Notably, the Order requires Honda to consult with a user experience designer “who may be an independent consultant or Honda employee” to evaluate its data subject rights process.   

In its announcement, the CPPA stated that “the investigation arose from the Enforcement Division’s ongoing review of data privacy practices by connected vehicle manufacturers and related technologies.”  Other regulators have also focused on the data privacy practices related to the automotive sector.  In June 2024, the Texas Attorney General announced an investigation into the collection and disclosure of driver personal information by car manufacturers.  This past January, the Attorney General sued Allstate, and its subsidiary, Arity, for allegedly collecting, using and selling the geolocation and movement of Texan drivers.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Libbie Canter Libbie Canter

Libbie Canter represents a wide variety of multinational companies on managing privacy, cyber security, and artificial intelligence risks, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with U.S. and global privacy laws.

Libbie Canter represents a wide variety of multinational companies on managing privacy, cyber security, and artificial intelligence risks, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with U.S. and global privacy laws. She routinely supports clients on their efforts to launch new products and services involving emerging technologies, and she has assisted dozens of clients with their efforts to prepare for and comply with federal and state laws, including the California Consumer Privacy Act, the Colorado AI Act, and other state laws. As part of her practice, she also regularly represents clients in strategic transactions involving personal data, cybersecurity, and artificial intelligence risk and represents clients in enforcement and litigation postures.

Libbie represents clients across industries, but she also has deep expertise in advising clients in highly-regulated sectors, including financial services and digital health companies. She counsels these companies — and their technology and advertising partners — on how to address legacy regulatory issues and the cutting edge issues that have emerged with industry innovations and data collaborations. 

Chambers USA 2024 ranks Libbie in Band 3 Nationwide for both Privacy & Data Security: Privacy and Privacy & Data Security: Healthcare. Chambers USA notes, Libbie is “incredibly sharp and really thorough. She can do the nitty-gritty, in-the-weeds legal work incredibly well but she also can think of a bigger-picture business context and help to think through practical solutions.”

Photo of Jayne Ponder Jayne Ponder

Jayne Ponder provides strategic advice to national and multinational companies across industries on existing and emerging data privacy, cybersecurity, and artificial intelligence laws and regulations.

Jayne’s practice focuses on helping clients launch and improve products and services that involve laws governing data privacy…

Jayne Ponder provides strategic advice to national and multinational companies across industries on existing and emerging data privacy, cybersecurity, and artificial intelligence laws and regulations.

Jayne’s practice focuses on helping clients launch and improve products and services that involve laws governing data privacy, artificial intelligence, sensitive data and biometrics, marketing and online advertising, connected devices, and social media. For example, Jayne regularly advises clients on the California Consumer Privacy Act, Colorado AI Act, and the developing patchwork of U.S. state data privacy and artificial intelligence laws. She advises clients on drafting consumer notices, designing consent flows and consumer choices, drafting and negotiating commercial terms, building consumer rights processes, and undertaking data protection impact assessments. In addition, she routinely partners with clients on the development of risk-based privacy and artificial intelligence governance programs that reflect the dynamic regulatory environment and incorporate practical mitigation measures.

Jayne routinely represents clients in enforcement actions brought by the Federal Trade Commission and state attorneys general, particularly in areas related to data privacy, artificial intelligence, advertising, and cybersecurity. Additionally, she helps clients to advance advocacy in rulemaking processes led by federal and state regulators on data privacy, cybersecurity, and artificial intelligence topics.

As part of her practice, Jayne also advises companies on cybersecurity incident preparedness and response, including by drafting, revising, and testing incident response plans, conducting cybersecurity gap assessments, engaging vendors, and analyzing obligations under breach notification laws following an incident.

Jayne maintains an active pro bono practice, including assisting small and nonprofit entities with data privacy topics and elder estate planning.

Photo of Andrew Longhi Andrew Longhi

Andrew Longhi advises national and multinational companies across industries on a wide range of regulatory, compliance, and enforcement matters involving data privacy, telecommunications, and emerging technologies.

Andrew’s practice focuses on advising clients on how to navigate the rapidly evolving legal landscape of state…

Andrew Longhi advises national and multinational companies across industries on a wide range of regulatory, compliance, and enforcement matters involving data privacy, telecommunications, and emerging technologies.

Andrew’s practice focuses on advising clients on how to navigate the rapidly evolving legal landscape of state, federal, and international data protection laws. He proactively counsels clients on the substantive requirements introduced by new laws and shifting enforcement priorities. In particular, Andrew routinely supports clients in their efforts to launch new products and services that implicate the laws governing the use of data, connected devices, biometrics, and telephone and email marketing.

Andrew assesses privacy and cybersecurity risk as a part of diligence in complex corporate transactions where personal data is a key asset or data processing issues are otherwise material. He also provides guidance on generative AI issues, including privacy, Section 230, age-gating, product liability, and litigation risk, and has drafted standards and guidelines for large-language machine-learning models to follow. Andrew focuses on providing risk-based guidance that can keep pace with evolving legal frameworks.