En Banc Ninth Circuit Decision Could Expand Possible Forums for E …

The ruling by the U.S. Court of Appeals for the Ninth Circuit in Briskin v. Shopify on April 21, 2025, has opened up new possibilities for lawsuits against e-commerce companies operating nationally or globally. The case involved plaintiff Brandon Briskin, a California resident, who made a purchase on an online storefront called IAB MFG using his iPhone’s browser. During the checkout process, Briskin was required to provide personal identifying information, which he believed was being submitted securely to IAB MFG. However, it was later revealed that this data was also being sent to Shopify, an e-commerce platform facilitating online sales for merchants. Briskin alleged that Shopify had installed cookies on his device, tracking and storing personal information without his consent, which was later shared with third parties.

Briskin filed a class-action lawsuit against Shopify in the U.S. District Court for the Northern District of California, alleging violations of data privacy and unfair deceptive practices. The District Court initially dismissed the case due to lack of specific personal jurisdiction over Shopify. This decision was later upheld by a three-judge panel of the Ninth Circuit, stating that Shopify’s nationwide e-commerce platform did not specifically target California, where the purchase was made.

However, upon rehearing the case en banc, the Ninth Circuit reversed the previous decisions, finding that the District Court did have specific personal jurisdiction over Shopify. The court applied the “effects test” from the Supreme Court’s Calder v. Jones case, which requires intentional actions aimed at the forum state that cause harm known to be suffered there. Shopify’s conduct of extracting and distributing California consumers’ personal data violated state laws and was found to be expressly aimed at California.

Shopify’s argument that its operations were nationwide and not specifically targeting California was rejected by the Ninth Circuit. The court emphasized that Shopify’s knowledge of Briskin’s location in California, and its regular business activities in the state, established meaningful connections justifying jurisdiction. The court also clarified that the claims against Shopify were directly related to its interactions with California consumers and merchants, making the exercise of jurisdiction fair and just.

The implications of the Briskin ruling could extend beyond this case to affect e-commerce companies operating on a national scale. Companies collecting data through accessible websites may now be subject to specific personal jurisdiction in any location where they provide services, regardless of their geographical focus. This decision emphasizes the importance of transparency and accountability in the collection and use of personal data by online platforms.