Consumers exercising rights receive equal service and pricing
Why it matters
CCPA § 1798.125 prohibits penalizing consumers for exercising their privacy rights — denying them features, charging higher prices, or degrading service quality because they opted out of data sharing. Feature flags keyed on a ccpa_opt_out field are the most common code-level violation: they were probably added to "personalize" something, but any degradation in service for opted-out users is discriminatory under the statute. Financial incentive programs — loyalty points or discounts in exchange for data — are permitted under § 1798.125(b) but require explicit disclosure of the data's estimated monetary value and a separate affirmative opt-in, which virtually no AI-built implementation includes.
Severity rationale
Low because discrimination violations require proof of differential treatment tied to rights exercise, which demands a formal investigation — but code-level feature flags keyed on opt-out status are easily spotted and constitute a per-consumer violation.
Remediation
Audit every feature flag, pricing condition, and tier check for references to opt-out or privacy preference fields. Remove any coupling between service level and CCPA opt-out status.
// WRONG — gates premium features on data-sharing consent
function canAccessPremiumFeatures(user: User): boolean {
return user.plan === 'premium' && !user.ccpaOptOut // violates § 1798.125
}
// CORRECT — subscription status only
function canAccessPremiumFeatures(user: User): boolean {
return user.plan === 'premium'
}
If you operate a loyalty or referral program that offers benefits in exchange for data sharing, add a Financial Incentive Programs section to your privacy policy disclosing the estimated monetary value of consumer data and implement an explicit opt-in checkbox — not enrollment on signup. See src/app/privacy/page.tsx.
DetectionPro
The detection method for this pattern is part of AuditBuffet Pro.
The full method (what to look for, pass and fail conditions, and how results get reported) ships inside the CCPA/CPRA Readiness Audit. The pattern definition, severity rationale, and remediation remain openly licensed under CC-BY-4.0.
External references
- ccpa · §1798.125 — Non-discrimination — right not to receive discriminatory treatment for exercising CCPA rights
- ccpa · §1798.125(b) — Financial incentive programs — permitted with disclosure and opt-in
- gdpr · Art. 7(4) — Freely given consent — no detriment for withholding consent
Taxons
History
- 2026-04-18·v1.0.0·Initial import from ccpa-readiness·automated