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BRISKIN v. SHOPIFY, INC.

No. 22-15815.

87 F.4th 404 (2023)

Brandon BRISKIN, on behalf of himself and those similarly situated, Plaintiff-Appellant, v. SHOPIFY, INC.; Shopify (USA), Inc.; Shopify Payments (USA), Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 28, 2023.

Attorney(s) appearing for the Case

Nicolas A. Sansone , (argued), Allison M. Zieve , and Scott L. Nelson , Public Citizen Litigation Group, Washington, D.C.; Seth A. Safier , Matthew T. McCrary , and Todd Kennedy , Gutride Safier LLP, San Francisco, California; for Plaintiff-Appellant.

Moez Kaba (argued), Hueston Hennigan LLP, Los Angeles, California; Sourabh Mishra , Hueston Hennigan LLP, Newport Beach, California; Adam Minchew , Huestan Hennigan LLP, New York, New York; for Defendants-Appellees.

Before: Consuelo M. Callahan, Bridget S. Bade, and Daniel A. Bress, Circuit Judges.

OPINION

The defendants in this case offer a web-based payment processing platform to merchants nationwide. When processing payments, the defendants obtain the personal information of those merchants' customers. In this case of first impression, we are asked to decide whether defendants' extracting and retaining of...

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