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Walmart Moves to Axe California Consumer Privacy Act Claims (1)

Dec. 16, 2020, 4:46 PMUpdated: Dec. 16, 2020, 7:20 PM

Walmart Inc. is arguing a proposed privacy class action should be squashed because there’s no proof the data breach in question even occurred.

The plaintiffs also failed to offer any timeline for when the alleged breach took place, making it unclear whether the California Consumer Privacy Act would apply, Walmart argued in its motion to dismiss filed Monday in the U.S. District Court for the Northern District of California.

That omission is “fatal” because the law pertains only to data breaches that occurred after Jan. 1 and can’t be applied retroactively, lawyers for Walmart argued.

San Francisco resident Lavarious Gardiner ...