PROTECTING CONSUMER ENFORCEMENT

Consumers must have the right to pursue justice in court against people or corporations who harm or injure someone. This is a conviction held by the majority of Californians, and with good reason – the ability to file lawsuits against lawbreakers, known as “private right of action,” is the most effective way to enforce our laws and hold wrongdoers accountable.

For example, the Confidentiality of Medical Information Act allows consumers to enforce their medical privacy rights. Since that law’s enactment, we have seen far fewer breaches of our medical information.

Unfortunately, the California Supreme Court holds that a violation of California law does not automatically give consumers a pathway to justice through the courts. Instead, the responsibility falls on the California Legislature to protect every person’s right to privately file a lawsuit against wrongdoers.

Though there are avenues to enforcing the law through “public” enforcers like the Attorney General, consumers cannot rely on those avenues alone. Public enforcers have significant limitations: budgets that restrict the number of cases they can pursue, and a track record of the Attorney General declining to seek enforcement based on political reasons. To best protect consumers and the environment, it is critical that Californians are able to pursue enforcement of laws through all available options – both public and private.

While the vast majority of bills passed by the California Legislature currently do not protect the private right of action, lawmakers can strengthen our laws by specifically stating their intent to create a right to sue in the bill language, thereby protecting the health and safety of the public.