ILR & U.S. Chamber Letter on Washington Privacy Legislation

The U.S. Chamber of Commerce and the U.S. Chamber Institute for Legal Reform (ILR) addressed Washington state legislative leaders to express support for a national privacy standard that protects all Americans equally. They commended Senator Reuven Carlyle for leadership on consumer privacy and supported many consumer rights provisions in the Senate version of the Washington Privacy Act (WPA), recognizing its potential influence on both state and federal privacy legislation.

However, the Chamber and ILR strongly opposed the inclusion of a new private right of action (PRA) in the House-passed version of the WPA. They argued that PRAs are inefficient and ineffective for enforcing privacy laws, often resulting in lawsuits over technical violations with little or no real impact on consumers. The letter emphasized that such litigation can cause significant financial harm to businesses without delivering meaningful relief to affected individuals, especially in class action contexts.

The letter further contended that PRAs could lead to expensive litigation, inconsistent rulings, and allow individual lawyers to shape national policy, rather than expert enforcement agencies. The Chamber urged the legislature to avoid enforcement regimes that create confusion and instead promote privacy policies that protect consumers and provide clarity for businesses. The letter concluded with a call for continued collaboration to achieve balanced and effective privacy protections.