Shopify Beats TCPA Suit Over Vendor's Texts, For Now

By Craig Clough (May 13, 2020, 5:53 PM EDT) -- Shopify beat a proposed class action Wednesday alleging the company violated the Telephone Consumer Protection Act by sending unwanted marketing text messages, with a California federal judge finding the complaint provided no "factual basis" that the e-retailing giant was directly responsible for the actions of its third-party vendor.

U.S. District Judge Haywood S. Gilliam Jr. dismissed all of the claims in the suit against Shopify (USA) Inc., including the TCPA allegations and three state common law claims of negligence, invasion of privacy and unlawful intrusion, although he did allow plaintiff David Sheski to amend the complaint.

Sheski alleged he received two...

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