What is “Sells” Under the CCPA?
‘“Sell,” “selling,” “sale,” or “sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.’ CCPA § 1798.140 (t) (1)
Not a sale where consumer intentional interaction, to notify 3rd parties of opt-out, necessary for a business purpose, part of transaction like merger, acquisition or bankruptcy. CCPA § 1798.140 (t) (2)
“If a series of steps or transactions were component parts of a single transaction intended from the beginning to be taken with the intention of avoiding the reach of this title, including the disclosure of information by a business to a third party in order to avoid the definition of sell, a court shall disregard the intermediate steps or transactions for purposes of effectuating the purposes of this title.” CCPA § 1798.190