Collector - October 2020 - 26

WHAT'S THE

Difference

BETWEEN THE
CCPA AND THE CPRA?

In November, California
voters will see the California
Privacy Rights Act (CPRA)
initiative on their ballots.
Popularly known as CCPA
2.0, this initiative would
amend the CCPA to provide
additional requirements
regarding service providers'
use of consumer data, spell
out provisions for sensitive
information and establish a
California Privacy Protection
Agency, among other things.
One important distinction
between the CCPA and the
ballot measure is that an
initiative like the CPRA can't
be amended by the legislature
like the CCPA can. It can only
be amended by a ballot vote.
This makes it complicated to
change if businesses identify
a loophole or unworkable
issue down the road or as
technology changes. If passed,
the CPRA would take effect in
January 2023.

26

examine the guidelines outlined in the law
and do some calculations.
The CCPA applies to for-profit businesses
that:
*	 Have an annual gross revenue more
than $25 million;
*	 Annually buy, receive, sell or share for
commercial purposes, the personal
information of 50,000 or more
California consumers, California
households or devices; or
*	 Derive 50% or more of annual revenues
from selling consumers' personal
information.
A business located outside of California
may be subject to the CCPA if it meets at
least one of these definitions. While that
last qualification about selling consumers'
personal information might not apply to
many ARM companies, it's likely at least one
of the other two do apply-but it's up to you
(and/or your attorney) to figure that out.

CONSUMERS' PERSONAL
INFORMATION: WHAT IS IT AND
DO YOU COLLECT IT?
The CCPA defines "personal information"
as information that "identifies, relates to,
describes, is capable of being associated
with, or could reasonably be linked,
directly or indirectly, with a particular
consumer or household."
Here is an inexhaustive list of some of
the things that constitute consumers'
personal information:
*	 Name
*	 Address
*	 Phone number
*	 Passport number
*	 Driver's license number
(or a photo of a driver's license)
*	 Signature
*	 Social Security number
*	 Employer (current and past)
*	 Educational/school information
*	 Bank account number
*	 Credit/debit card number
*	 Medical information
*	 Age
*	 Recordings
*	 Histories of purchases
*	 Fingerprints
* Internet activity (like browsing history)
If you buy, receive, sell or share this type of
information, you may have to comply with the

CCPA if you reach the 50,000 threshold. This
applies to information your company gathers
directly as well as what your clients send you-
for instance, a credit application from your
client that contains personal information or a
contract between your client and the consumer
that probably contains this information
too. Accordingly, the CCPA can apply to
your business even if you do not conduct
transactions directly with individual consumers
in the traditional sense of individuals making
purchases for personal use. When you conduct
business with another business that itself
conducts business with individual consumers,
you can fall under the CCPA.
Most companies in the ARM industry
aren't selling the information they get from
consumers or clients. They are using it to
collect a debt. But the CCPA also covers
companies that simply receive this information,
either passively or actively, and therein lies the
rub for ARM companies.
Many companies wonder if call recordings
should be treated as personal information. The
California attorney general has said yes. If you
remove the name in the recording, would the
recording then fall outside of the CCPA? While
deidentified and aggregated data is exempt
from the CCPA, there are specific guidelines on
what constitutes "deidentified data," including
that the information "cannot reasonably
identify, relate to, describe, be capable of
being associated with, or be linked, directly or
indirectly, to a particular customer."
"Even if other information in the call
recording is redacted, the sound of the
consumer's voice would be sufficient to trigger
[the] CCPA," cautioned Kim Phan, partner at
Ballard Spahr LLP. She added that transcripts
or call notes would not trigger the CCPA if
there is no actual sound recording and if they
don't contain other personal information.

THE MAGIC NUMBER: 50,000 OR
MORE CALIFORNIA CONSUMERS,
HOUSEHOLDS OR DEVICES
Coleman said in going through the 50,000
calculation, "it becomes apparent that it
applies to a lot of entities in our industry."
Not only does the calculation include
the number of California residents you get
information about in a year, it also applies
to computers and cellphones-devices that
can access the internet. If your accounts
contain a cellphone number-and they likely

ACAINTERNATIONAL.ORG


http://www.ACAINTERNATIONAL.ORG

Collector - October 2020

Table of Contents for the Digital Edition of Collector - October 2020

Collector - October 2020 - Cover1
Collector - October 2020 - Cover2
Collector - October 2020 - 1
Collector - October 2020 - 2
Collector - October 2020 - 3
Collector - October 2020 - 4
Collector - October 2020 - 5
Collector - October 2020 - 6
Collector - October 2020 - 7
Collector - October 2020 - 8
Collector - October 2020 - 9
Collector - October 2020 - 10
Collector - October 2020 - 11
Collector - October 2020 - 12
Collector - October 2020 - 13
Collector - October 2020 - 14
Collector - October 2020 - 15
Collector - October 2020 - 16
Collector - October 2020 - 17
Collector - October 2020 - 18
Collector - October 2020 - 19
Collector - October 2020 - 20
Collector - October 2020 - 21
Collector - October 2020 - 22
Collector - October 2020 - 23
Collector - October 2020 - 24
Collector - October 2020 - 25
Collector - October 2020 - 26
Collector - October 2020 - 27
Collector - October 2020 - 28
Collector - October 2020 - 29
Collector - October 2020 - 30
Collector - October 2020 - 31
Collector - October 2020 - 32
Collector - October 2020 - 33
Collector - October 2020 - 34
Collector - October 2020 - 35
Collector - October 2020 - 36
Collector - October 2020 - 37
Collector - October 2020 - 38
Collector - October 2020 - 39
Collector - October 2020 - 40
Collector - October 2020 - 41
Collector - October 2020 - 42
Collector - October 2020 - 43
Collector - October 2020 - 44
Collector - October 2020 - 45
Collector - October 2020 - 46
Collector - October 2020 - 47
Collector - October 2020 - 48
Collector - October 2020 - 49
Collector - October 2020 - 50
Collector - October 2020 - 51
Collector - October 2020 - 52
Collector - October 2020 - Cover3
Collector - October 2020 - Cover4
http://online.collector.com/collectormagazine/202011
http://online.collector.com/collectormagazine/202010
http://online.collector.com/collectormagazine/202009
http://online.collector.com/collectormagazine/202008
http://online.collector.com/collectormagazine/202007
http://online.collector.com/collectormagazine/202006
http://online.collector.com/collectormagazine/202005
http://online.collector.com/collectormagazine/202004
http://online.collector.com/collectormagazine/202003
http://online.collector.com/collectormagazine/202002
http://online.collector.com/collectormagazine/202001
http://online.collector.com/collectormagazine/201912
http://online.collector.com/collectormagazine/201911
http://online.collector.com/collectormagazine/201910/
http://online.collector.com/collectormagazine/201909/
http://online.collector.com/collectormagazine/201908/
http://online.collector.com/collectormagazine/201907/
http://online.collector.com/collectormagazine/201906/
http://online.collector.com/collectormagazine/201905/
http://online.collector.com/collectormagazine/201904/
http://online.collector.com/collectormagazine/201903/
http://online.collector.com/collectormagazine/201902/
http://online.collector.com/collectormagazine/201901/
http://online.collector.com/collectormagazine/201812/
http://online.collector.com/collectormagazine/201811/
http://online.collector.com/collectormagazine/201810/
http://online.collector.com/collectormagazine/201809/
http://online.collector.com/collectormagazine/201808/
http://online.collector.com/collectormagazine/201807/
http://online.collector.com/collectormagazine/201806/
http://online.collector.com/collectormagazine/201805/
http://online.collector.com/collectormagazine/201804/
http://online.collector.com/collectormagazine/201803/
http://online.collector.com/collectormagazine/201802/
http://online.collector.com/collectormagazine/201801/
http://online.collector.com/collectormagazine/201712/
http://online.collector.com/collectormagazine/201711/
http://online.collector.com/collectormagazine/201710/
http://online.collector.com/collectormagazine/201709/
http://online.collector.com/collectormagazine/201708/
http://online.collector.com/collectormagazine/201707/
http://online.collector.com/collectormagazine/201706/
http://online.collector.com/collectormagazine/201705/
http://online.collector.com/collectormagazine/201704/
http://online.collector.com/collectormagazine/201703/
http://online.collector.com/collectormagazine/201702/
http://online.collector.com/collectormagazine/201701/
http://online.collector.com/collectormagazine/201612/
http://online.collector.com/collectormagazine/201611/
http://online.collector.com/collectormagazine/201610/
http://online.collector.com/collectormagazine/201609/
http://online.collector.com/collectormagazine/201608/
http://online.collector.com/collectormagazine/201607/
http://online.collector.com/collectormagazine/201606/
http://online.collector.com/collectormagazine/201605/
http://online.collector.com/collectormagazine/201604/
http://online.collector.com/collectormagazine/201603/
http://online.collector.com/collectormagazine/201602/
http://online.collector.com/collectormagazine/201601/
http://online.collector.com/collectormagazine/201512/
http://online.collector.com/collectormagazine/201511/
http://online.collector.com/collectormagazine/201510/
http://online.collector.com/collectormagazine/201509/
http://online.collector.com/collectormagazine/201508/
http://online.collector.com/collectormagazine/201507/
https://www.nxtbookmedia.com