Credit: JHVEPhoto/Adobe Stock 9th Circuit Drills Down on Venue Issue in Privacy Suit Against E-Commerce Platform
"An electronic signal is sent over [and] something is implanted on a device that is in California," Judge Daniel Collins said. "It takes data in California from a device in California and ships it out of California. The claim is that the collection and transmission of the data violates California statutes. How does that conduct not occur in California?"
September 27, 2024 at 05:51 PM
4 minute read
The en banc U.S. Court of Appeals for the Ninth Circuit grilled Shopify on Thursday over its argument that a privacy class action against the Canadian e-commerce company was wrongly filed in California federal court.
The complaint was brought by Brandon Briskin, who ordered apparel from a third-party retailer while in California using payment processing operated by Shopify. Briskin alleges Shopify violated California privacy laws by transmitting software onto his phone to track and create a consumer profile based on his internet activity and sell that data to merchants.
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