The United States District Court for the Central District of California.

For the last five years, BCLP has published the leading analysis of data breach class action litigation.1 As part of that study, BCLP has reviewed every class action complaint against a private company that was filed in federal court and that sought recovery based upon a data security breach.2 Among other variables, BCLP tracks the federal court in which a data breach class action has been filed (or the federal court to which a data breach class action is removed from state court). As our 2019 Data Breach Litigation Report indicates, plaintiffs most popular forum for filing a data breach class action is the United States District Court for the Central District of California. Indeed, more than 1 out of every 4 data breach class actions was filed in that forum (26%). The second most popular forum for filing a data breach class action was the Northern District of California (13%). Combined, California district courts accounted for nearly half of all data breach class action filings.

While plaintiffs are not required to file suit under the CCPA within California, BCLP anticipates that the enactment of the CCPA will further strengthen plaintiffs’ attorneys’ preference toward California courts.