The California legislature is considering amendments to its consumer privacy laws that could significantly increase the cost of doing business and the risk of unjustified monetary penalties. If your business is based in California or has any sorts of facilities in CA, please contact your state legislative representatives to urge them to oppose this bill, which would drive up business risk and expense with little actual benefit to CA consumers. Here are more details:
Introduced in the State Assembly this month, CA 2021 is styled as a bill to protect whistleblowers who come forward to report mishandling of consumer data and violations of the California Consumer Privacy Act (CCPA), but appears to be a giveaway to the California Plaintiffs’ bar. If enacted, the bill would provide that any “whistleblower” who reports a violation of the CCPA to the California Privacy Protection Agency (CPPA) would be entitled to a bounty of not less than 15 percent, and not more than 33 percent of the fines imposed by the CPPA through its administrative enforcement actions or settlements.
To put this in perspective, 33% of the CCPA’s recent $2.75M settlement with the Walt Disney Company would be more than $900,000. In addition to providing general financial incentives for whistleblowers, the proposed amendments would authorize the CPPA to impose additional fines – in excess of the administrative fines currently authorized under the CCPA – in an undefined amount “to cover the reasonable attorney’s fees of the whistleblower.”
The bill would also provide employment protections for whistleblowers who come forward to report alleged wrongdoing by their employers. The financial provisions contained in the bill, however, make plain that the primary purpose of the proposed amendments is to establish a new revenue stream for a plaintiffs’ bar that, through the proliferation of nuisance lawsuits brought under the California Invasion of Privacy Act, has already demonstrated a willingness to file privacy-based complaints with questionable bases.
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Please note that your contributions to ACMA Action Funds will not be used for any general ACMA “corporate purposes” other than a 5% service fee on funds raised and administered. Non-ACMA members are always eligible to make one-off donations. Such contributions support our network of consultants on whom we depend to advocate for the interests of direct and remote marketers and their suppliers. These funds are only used to pay for out-of-pocket expenses of the specific issues outlined below. Large volume donors may be considered for Steering Committees of each Fund. Click here for more information on how the funds are distributed and used.
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Lynn Noble is ACMA’s Vice President, Industry Relations, having joined the ACMA in May 2015, following an extensive direct marketing career in private industry as well as the US Postal Service. He is responsible for leading the membership development efforts for the ACMA through new member acquisitions and providing enhanced member value.
Throughout his career, Lynn has held key marketing & sales positions with several leading direct marketers, as well as several high-level management positions with the US Postal Service.
In 2009, at the request of the ACMA, the US Postal Service initiated a new position of Catalog Manager to lead the Service’s efforts to stabilize and grow the catalog industry. Lynn returned to the USPS to lead those efforts and was instrumental to developing a stronger industry partnership between the Postal Service and the catalog industry. Serving as the product manager for catalogs, Lynn helped to raise the awareness of catalog-specific business challenges within the executive ranks of the USPS. During his tenure, the ACMA and catalog companies enjoyed a collaborative and progressive environment that produced more stabilized rates and inclusion in key USPS promotional opportunities.
Just prior to joining the ACMA Lynn was the USPS’s Manager, Strategic Account Operations, leading a team of senior sales professionals who focused exclusively in the Catalog, Mail Order, and E-commerce arena. In addition to his Postal positions, Lynn previously held key positions with leading direct marketing companies, including Cox Target Media, Market Logic, Catalina Marketing, Freesamples.com, and Advantage Direct.
Named Vice President & Deputy Director in January 2010, Miller came to the ACMA following a lengthy career of more than two decades following the catalog/multichannel/e-commerce/retail businesses. Reporting to ACMA president & executive director Hamilton Davison, Miller oversees marketing and communications, membership development, and organizes and oversees ACMA’s National Catalog Forum, while working with Davison on most of ACMA’s postal-related efforts.
Miller started his career as a reporter with Catalog Showroom Business, following a form of retailing that was led by the likes of the Service Merchandise and Best Products retail chains.
After several years of editor/reporter roles with business magazines that followed the toy and gift industries, Miller was named associate editor of Catalog Age magazine (now Multichannel Merchant) in 1986. He rose up the ranks at Catalog Age over the next 18 years to be the magazine’s senior news editor.
Beginning in the late ’80s, Miller became Catalog Age’s postal beat reporter, where he’d follow key postal events and pull out the key catalog mail-related issues for readers. During that time, he attended many Mailers Technical Advisory Committee (MTAC) meetings and National Postal forums.
After leaving Catalog Age in 2004, Miller consulted with several catalogers and multichannel suppliers for a time, he was named news/website editor at Commercial Property News. Less than a year later, he was asked to take the reigns at Catalog Success (now All About ROI) where he served as editor-in- chief from 2006 till the end of 2009.
ACMA appointed Michael K. Plunkett as its President and Executive Director in January 2024, succeeding founder Hamilton Davison. Mr. Davison moved on to own and run a company. Mr. Plunkett brings years of executive leadership experience having been the President and CEO of the Association for Postal Commerce (PostCom) since 2017. In the newly-formed dual role, he will continue his current role with PostCom and the two organizations will operate separately.
During his tenure, PostCom has continued to lead the mailing and shipping industry on policy and regulatory matters and to work with Government agency partners to advance issues of importance to members. Mr. Plunkett is also President of the Delivery Technology Advocacy Council, a nonprofit launched in 2020 to concentrate on delivery and logistics technologies.
Prior to PostCom, Mr. Plunkett accumulated more than 25 years Postal experience with the United States Postal Service in numerous executive roles in operations, marketing, product development and pricing. As a leader within the Postal Service’s management team, Mr. Plunkett developed a well-earned reputation for innovation by leading efforts to develop pricing agreements for domestic services and in the development of the forever stamp and the priority mail flat rate box.
Mr. Plunkett has testified on pricing and policy issues before the Postal Regulatory Commission and Congressional subcommittees. He has authored and presented papers on postal policies, economics, and operations for National and International conferences.
Mr. Plunkett holds Masters Degrees in Business from the Wharton School at the University of Pennsylvania and the Massachusetts Institute of Technology, where he was a Sloan Fellow. He earned a Bachelor Degrees in Economics and Finance from the Pennsylvania State University.
