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CCPA · US-CCPA-NO-DARK-PATTERNS

CCPA Civ. Code § 1798.140(h), (l)

Design request and consent methods that are easy to understand, symmetrical in choice and free of dark patterns; consent obtained through a dark pattern is not consent

HIGHProhibitionDesign defaultsBinding regulationIn forceApplies from 1 January 2023

Where this comes from

Provision: Civ. Code § 1798.140(h), (l); 11 CCR § 7004

Instrument: California Consumer Privacy Act of 2018 (as amended by the CPRA) and CPPA regulations

Citation: Cal. Civ. Code § 1798.140(h), (l); Cal. Code Regs. tit. 11, § 7004

Text version: Civ. Code as published 2026-10-01; 11 CCR as effective 2026-01-01

Checked against the source: 1 October 2026

Read the official text ↗

Who it applies to

A business under the CCPA (Civ. Code § 1798.140(d)(1)) — all of these:

  • California CCPA assessed scope Q_CA_CONSUMERS: YES

Meets one or more of the business thresholds — any one of these:

  • California CCPA assessed scope Q_CA_REVENUE_THRESHOLD: YES
  • California CCPA assessed scope Q_CA_VOLUME_100K: YES
  • California CCPA assessed scope Q_CA_SALE_REVENUE_50: YES

What engineering work it implies

Sample acceptance criteria Landfall generates for this obligation:

  • Consent modal/page appears BEFORE data collection begins
  • Consent options are granular (user can accept some, reject others)
  • 'Reject All' is as prominent as 'Accept All'
  • No pre-checked boxes - all start unchecked
  • When relying on consent, store the necessary scoped consent reference, purposes and choices, timestamp and notice version; avoid collecting extra identity data solely for the record

Questions people ask

Does CCPA Civ. Code § 1798.140(h), (l) apply to my service?
It applies when California CCPA assessed scope Q_CA_CONSUMERS: YES; and at least one of: California CCPA assessed scope Q_CA_REVENUE_THRESHOLD: YES; California CCPA assessed scope Q_CA_VOLUME_100K: YES; California CCPA assessed scope Q_CA_SALE_REVENUE_50: YES.
From when does this apply?
CCPA Civ. Code § 1798.140(h), (l) applies from 1 January 2023. Its current status is: in force.

Find out whether this one lands on you

Landfall's pre-scan answers the applicability question above for your product in minutes, then turns every obligation that applies into traceable engineering tickets with a citation chain your auditors can follow.

Run the pre-scanAll CCPA obligations

Not legal advice. Landfall maps regulatory obligations to engineering work for planning purposes. Its verdicts are not legal advice and create no attorney-client relationship — verify with qualified counsel before relying on them.

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