Court: Shopify “Deliberately Reached Out”
Writing for the majority, Circuit Judge Kim McLane Wardlaw delivered a scathing assessment of Shopify’s conduct. She asserted that the company “deliberately reached out” to California by “knowingly installing tracking software onto unsuspecting Californians’ phones,” calling the practice neither “random, isolated, nor fortuitous.”
The majority ruled that this purposeful interaction justified California courts asserting jurisdiction—a precedent-setting interpretation that could shape future litigation against online platforms operating on a global scale.
A Clash Over Digital Borders
The decision wasn’t unanimous. In a fiery dissent, Circuit Judge Consuelo Callahan criticized the majority’s logic, calling it a “traveling cookie rule” that could create jurisdiction “wherever the plaintiff goes.” Her dissent warned that the ruling could dangerously stretch the reach of state courts, allowing legal claims to follow internet users across borders with little restraint.
Yet the prevailing opinion resonated beyond the courtroom. Briskin’s attorney, Matt McCrary, praised the court for refusing to let global tech firms “hide in plain sight,” asserting that the ruling strengthens consumer protections by confirming that doing business everywhere doesn’t mean being accountable nowhere.
