U.S. Chamber Institute for Legal Reform (ILR) Chief Operating Officer Harold Kim said plaintiffs’ lawyers are the only “group that benefits from private lawsuits.”
Kim was referring to private rights of action, which allow private lawyers to enforce certain laws traditionally left to a state attorney general. These provisions are being commonly used in new state data privacy laws, like the California Consumer Privacy Act and the Illinois Biometric Information Privacy Act, among others. “Rather than allow expert regulators to shape and balance policy and protections,” Kim said, “enforcement is driven by frivolous lawsuits that do nothing to protect consumer privacy.”
ILR released “Ill-Suited: Private Rights of Action and Privacy Claims” last week that documents how lawyers take most of the money in lawsuits that use a private right of action to enforce state and federal laws. In June, ILR released a podcast on the problems with private rights of actions featuring the author of the study, Mark Brennan, and Harold Kim.