Loyalty programs are structured in a variety of different ways. Some programs track dollars spent by consumers, 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. Although neither the CCPA nor the regulations implementing the CCPA define a “loyalty program” as a practical matter, most, if not all, loyalty programs share two things in common: (1) they collect information about consumers, and (2) they provide some form of reward in recognition of (or in exchange for) repeat purchasing patterns.1

Because loyalty programs collect personal information about their members, if a business that sponsors a loyalty program is itself subject to the CCPA, its loyalty program will also be subject to the CCPA. In situations in which the CCPA applies to a loyalty program, the following table generally describes the rights conferred upon a consumer in relation to the program: