October 11, 2019
Authored by: Bryan Cave and David Zetoony
Loyalty programs can be, and are, structured in a variety of different ways. Some programs track dollars spent by a consumer, others track products purchased. Some programs are free to participate in, others require consumers to purchase membership. Some programs offer consumers additional products, other programs offer prizes, money, or third party products. All loyalty programs share one thing in common however – they provide some form of reward to a consumer in recognition of (or in exchange for) their repeat purchasing patterns.
One of the rights conferred by the CCPA is the ability of a consumer to request that a business delete personal information “which the business has collected from the consumer.” While numerous retailers have expressed confusion regarding whether that right requires the deletion of loyalty program related data, it is important to remember the right to deletion is not an absolute right and may rarely