Shopify lost its second attempt to get a California privacy class action thrown out, after US District Judge Phyllis Hamilton denied its motion to dismiss in a July 30 order. Brandon Briskin alleges that Shopify’s software builds the checkout page that looks like the merchant’s own, takes his name, address, e-mail, card number, IP, and geolocation, and packages it into profiles Shopify sells to merchants without consent. Hamilton pointed to new allegations that the confirmation e-mail from Briskin’s 2019 purchase came from Shopify and carried images served off Shopify’s own network. She also let stand his claim that Shopify reads the data in transit, before it reaches the merchant. Briskin wants to represent anyone who paid through Shopify software while in California since August 2017.
