Brandon Briskin v. Shopify Inc., et al.
Published: Jul. 1, 2022 | Result Date: May 5, 2022 | Filing Date: Aug. 13, 2021 |Case number: 4:21-cv-06269 Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Seth A. Safier
(Gutride Safier LLP)
Kali Backer
(Gutride Safier LLP)
Todd M. Kennedy
(Gutride Safier LLP)
Marie Ann McCrary
(Gutride Safier LLP)
Hayley A. Reynolds
(Gutride Safier LLP)
Defendant
Jacob M. Heath
(Orrick, Herrington & Sutcliffe LLP)
Thomas King-Sun Fu
(Orrick, Herrington & Sutcliffe LLP)
Nicole M. Tadano
(Orrick, Herrington & Sutcliffe LLP)
Aravind Swaminathan
(Orrick, Herrington & Sutcliffe LLP)
Facts
Shopify Inc., Shopify (USA) Inc., and Shopify Payments Inc. run an e-commerce platform that provides payment processing services to millions of merchants across the internet. The companies host merchants' websites in addition to facilitating and verifying customers' payment information.
Brandon Briskin purchased fitness apparel from IABMFG, a Shopify Inc. merchant, through IABMFG's website.
Briskin subsequently brought a class action against Shopify Inc., Shopify (USA) Inc., and Shopify Payments Inc. The class consisted of all persons who, during the class period, submitted payment information via Shopify's software while located in California.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff asserted claims for violation of the California Invasion of Privacy Act; Intrusion Upon Seclusion; violation of the California Computer Data Access and Fraud Act; and violation of the California Unfair Competition Law. Plaintiff contended that when a consumer begins the checkout process with one of defendants' merchant customers, the software makes it appear that the consumer communicated directly with the merchant, but in reality, the consumer did not send any information to the merchant. Rather, defendants' software generated the payment form and collected all information into it. Plaintiff also alleged that defendants installed cookies on users' browsers to track consumers' transactions across defendants' merchant network. Plaintiff alleged that he, like other consumers, was uninformed of defendants' conduct, and that defendants collected sensitive and private information, including consumers' full names, addresses, email addresses, credit card numbers, IP addresses, the items purchased, and geolocation. Plaintiff also alleged that defendants took additional steps to use consumer data and make it profitable for themselves and their merchants by compiling the data into individualized profiles, and that defendants shared information within the profiles of consumers with their merchants. Plaintiff asserted that the information was valuable to the merchants because they provided insight into consumers' creditworthiness before the transaction was final. Plaintiff alleged that he never granted consent for defendants to collect and use his data in the methods described above.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions. Defendants contended that plaintiff's complaint should be dismissed for failure to provide adequate notice of the claims against them.
Result
Defendants' motion to dismiss was granted without leave to amend.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390