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‘Consumer Data Privacy Act’ Introduced in Mississippi With Expansive Coverage

Mississippi Consumer Data Privacy ActLegislators in Mississippi recently introduced SB 2548. the “Mississippi Consumer Data Privacy Act.” The bill contains provisions similar to the California Consumer Privacy Act but goes further than the CCPA with a lower annual gross revenue threshold, applying to any for-profit business, or any entity that controls or is controlled by such a business, that does business in Mississippi and:

  1. Has annual gross revenues in excess of $10 million (instead of $25 million);
  2. Alone or in combination, annually buys, receives for the business’s commercial purposes, sells or shares for commercial purposes, alone or in combination, the personal information of 50,000 or more consumers, households or devices; or
  3. Derives 50% or more of its annual revenues from selling consumers’ personal information.

The legislation would provide consumers the right to know and request deletion of personal information collected about them and to opt-out of the sale of their personal information.  It includes CCPA-like requirements for submitting, receiving and verifying consumer requests.

The legislation does not include any exemptions for businesses or personal information subject to HIPAA, FCRA or GLBA.

The legislation provides for a 30-day opportunity to cure, a private right of action in the event of a breach for statutory damages of $100 to $750 or actual damages, whichever is greater, and civil penalties of up to $7,500 for each violation.

The legislation would become effective July 1, 2021, and the attorney general is tasked with rulemaking.

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Eric Rosenkoetter is a principal at Maurice Wutscher LLP, where he provides counsel to businesses and consumer financial services firms nationwide. For many years, he has focused his practice on various aspects of financial services law. As a litigation attorney, he has conducted every aspect of the litigation process, including countless depositions, motion proceedings, bench and jury trials, and appeals in various courts. In addition, he has significant experience as a compliance and transactional attorney, providing strategic, business growth, legislative, compliance and regulatory advice to national corporations and trade associations. For example, he has drafted consumer contracts and disclosures designed to state-specific statutory requirements, and developed “Best Practices” guides and state-by-state compliance grids, for national financial services companies. He also conducted research and crafted a metrics report for a national trade association with analysis designed to counter the claims of advocacy groups. Eric’s experience also includes working for a national corporation as Executive Counsel, Chief Compliance and Ethics Officer, and Director of Legislative Affairs, and as a federal lobbyist and Director of Government and Public Affairs for a national financial services trade association. In the government sector, Eric presided over approximately 6,000 state administrative hearings, served as a staff attorney for the Missouri Senate, and handled litigation in 33 counties as a regional managing attorney. Eric frequently speaks to audiences on topics relevant to the financial services industry including regulatory compliance, data privacy law and related advocacy initiatives. For more information, see https://mauricewutscher.com/attorneys/eric-rosenkoetter/

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