Joint Ad Trade Comments on Second Set of Modifications to Proposed CCPA Regulations

As the nation’s leading advertising and marketing trade associations, we collectively represent thousands of companies, from small businesses to household brands, across every segment of the advertising industry. We provide the following comments to the California Office of the Attorney General (“OAG”) on the proposed regulation included in 999.315(d) of the March 11, 2020 release of the second set of modifications to the text of the proposed regulations implementing the California Consumer Privacy Act (“CCPA”). This requirement exceeds the scope of the OAG’s ability to regulate in conformance with the CCPA, runs afoul of free speech rights inherent in the United States Constitution, and impedes the ability of consumers to exercise granular choices in the marketplace. We ask that it be struck or modified per the below comment.