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US CPRA penalties and fines

The CCPA allows administrative fines and civil penalties per violation, while consumers have a narrower damages claim for specified security breaches.

Use the amount in effect when the violation occurred and separate Agency enforcement, Attorney General actions, and private claims.

Author
Sorena AI
Published
May 9, 2026
Updated
Jul 24, 2026
Overview

For violations occurring from January 1, 2025 through 2026, the current caps are $2,663 per violation and $7,988 for the enhanced tier. The enhanced tier covers intentional violations and violations involving personal information of consumers the violator actually knows are under 16. The Attorney General civil-penalty provision covers intentional violations and violations involving personal information of minor consumers. These are maximum amounts, not automatic awards. A separate private action applies only to specified security breaches and currently allows $107 to $799 per consumer per incident or actual damages, whichever is greater.

Section 1

What amounts can apply?

Civil Code Sections 1798.155 and 1798.199.90 state base maximums of $2,500 per violation and $7,500 for the enhanced tier. For administrative fines, that tier covers intentional violations and violations involving personal information of consumers the violator actually knows are under 16. For Attorney General civil penalties, it covers intentional violations and violations involving personal information of minor consumers. The Agency adjusts the amounts every odd-numbered year. The adjustment effective January 1, 2025 raised both sets of caps to $2,663 and $7,988. These remain the posted current amounts in 2026; check the Agency's current thresholds for the date of the alleged violation.

A per-violation cap does not determine how many violations occurred or the final amount. The Agency or court must apply the statute to the facts. Good-faith cooperation must be considered when setting an or civil penalty, and a business cannot be required to pay both for the same violation.

The adjusted private statutory-damages range effective January 1, 2025 is $107 to $799 per consumer per incident or actual damages, whichever is greater. That range belongs to the limited security-breach action in Section 1798.150; it is not available for every CCPA violation.

  • Administrative enforcement: up to $2,663 per violation, or $7,988 for an intentional violation or one involving personal information of a consumer the violator actually knows is under 16.
  • Attorney General civil action: up to $2,663 per violation, or $7,988 for an intentional violation or one involving personal information of a minor consumer, plus possible injunctive relief.
  • : $107 to $799 per consumer per incident or actual damages, whichever is greater.
  • Amount selection: preserve the violation date, affected consumers, conduct, intent evidence, minor-age knowledge, cooperation, and any claimed loss.
Section 2

Who can enforce the CCPA?

The California Privacy Protection Agency can investigate and bring an administrative enforcement action against a business, service provider, contractor, or other person that violates the CCPA. After the statutory hearing process, the Agency may order the person to cease and desist and pay an .

The Attorney General may bring a civil action in the name of the people of California for an injunction and civil penalties. If the Attorney General asks, the Agency must stay its administrative action or investigation so the Attorney General can proceed. The Attorney General cannot file a civil action for the same violation after the Agency has issued the specified decision or order.

The statute does not provide a blanket 30-day right to cure before government enforcement. The separate 30-day notice provision in Section 1798.150 applies to a consumer seeking private statutory damages for a qualifying security breach.

  • Agency matter: preserve complaint, investigation, probable-cause, hearing, audit, stipulation, and remediation records.
  • Attorney General matter: preserve the alleged violation record, cooperation history, requested relief, and any overlap with an Agency proceeding.
  • Do not describe a proposed settlement, staff allegation, or complaint as a final finding unless the official record says it is final.
  • Route legal-hold, response, privilege, and regulator-communication decisions to qualified counsel.
Section 3

When can a consumer bring the private security-breach action?

The in Section 1798.150 is limited to a breach involving either nonencrypted and nonredacted personal information within the categories cross-referenced from Civil Code Section 1798.81.5(d)(1)(A), or an email address combined with a password or security question and answer that would permit account access. The information must have been subject to the specified unauthorized access and exfiltration, theft, or disclosure because the business failed to implement and maintain reasonable security procedures and practices appropriate to the information.

The consumer may seek the adjusted statutory-damages range or actual damages, whichever is greater, as well as injunctive or declaratory relief and other relief the court considers proper. The court selects statutory damages after considering circumstances such as the seriousness, number and persistence of violations, duration, willfulness, and the defendant's financial position.

Before filing for individual or class-wide statutory damages, the consumer must give 30 days' written notice identifying the specific CCPA provisions alleged to have been violated. If a cure is possible and the business actually cures within that period and gives the required written statement, the statutory-damages action may be barred. Adding reasonable security after a breach does not cure that breach. No pre-suit notice is required for an action seeking only actual pecuniary damages.

This private action cannot be based on another CCPA section. Other causes of action may exist under other law, but this page does not determine them.

  • Data gate: confirm the compromised data falls within Section 1798.150's covered categories.
  • Event gate: document the access, exfiltration, theft, or disclosure and the affected consumers and incidents.
  • Security gate: preserve the controls in place before and during the event and evidence relevant to reasonable security.
  • Claim gate: distinguish statutory damages, actual pecuniary damages, injunctive relief, and the notice or cure rules that apply to each.
Section 4

What evidence should the response team preserve?

Build the record around the alleged provision and event, not a generic penalty estimate. Preserve the version of the law, regulation, notice, interface, contract, request workflow, security control, and system behavior in effect at the relevant time. Record the number of consumers and events only from supported evidence; do not multiply a cap by an assumed violation count.

For a rights-handling allegation, retain request timestamps, identity-verification steps where permitted, opt-out signals, response and extension notices, decisions, downstream instructions, and testing records. For a security incident, retain forensic evidence, affected-data analysis, control design and operation, incident chronology, notices, remediation, and any Section 1798.150 demand.

Document cooperation and corrective action without calling them a guaranteed cure or penalty reduction. The statute requires consideration of good-faith cooperation, but the authority or court determines the final effect.

  • Identify the exact provision, regulated role, date range, affected processing, and alleged conduct.
  • Separate confirmed facts, allegations, estimates, legal conclusions, and privileged advice.
  • Preserve evidence before changing the affected system or workflow; record the remediation date and validation result.
  • Recheck the Agency's monetary-threshold page for the amount effective on the violation date.
Primary sources

References and citations

leginfo.legislature.ca.gov5 citations
Referenced sections
  • Controlling statutory text for the private security-breach action, administrative fines, Attorney General civil penalties, inflation adjustments, cooperation, and the same-violation limitation.
  • Sections 1798.150, 1798.155, 1798.199.90, 1798.199.95, and 1798.199.100 establish the remedies, base caps, inflation adjustment, cooperation factor, and bar on both administrative and civil penalties for the same violation.
  • Sections 1798.155, 1798.199.50-1798.199.65, and 1798.199.90 describe Agency administrative enforcement, Attorney General civil enforcement, available orders, and coordination between the two authorities.
Show 2 more
  • Section 1798.150 establishes the covered data and event, available relief, damages factors, 30-day notice and cure conditions, actual-damages exception, and limit on claims based on other CCPA sections.
  • Sections 1798.150, 1798.155, 1798.199.90, and 1798.199.100 identify the facts that affect private damages, administrative fines, civil penalties, and consideration of cooperation.
cppa.ca.gov3 citations
Referenced sections
  • Current regulations for the operative duties and Agency enforcement process.
  • Article 13 covers sworn complaints, investigations, probable-cause proceedings, stipulated orders, and Agency audits.
  • The regulations provide the operative duties and enforcement procedures against which request-handling, notice, security, audit, and investigation evidence should be organized.
cppa.ca.gov3 citations
Referenced sections
  • Official current adjusted amounts effective January 1, 2025 for private damages, administrative fines, and civil penalties.
  • Official adjusted amounts effective January 1, 2025: $2,663 and $7,988 for administrative fines and civil penalties, and $107 to $799 for private statutory damages. The statute supplies the conditions for each tier.
  • Official source for the adjusted $107-to-$799 private statutory-damages range effective January 1, 2025.
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