Updated: 2023-Nov-30.
Confirm this date matches 23andMe's most recent Terms of Service, located at this link. These documents were prepared by laypersons and not lawyers. We are not your representatives.
To opt out of 23andMe's arbitration clause in the United States, use this opt-out notice template below.
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Fill out your username, email, and signature.
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Email your opt-out notice to [email protected].
- Optionally CC both [email protected] and [email protected]. 23andMe has pointed users to different email addresses in different communications.
To 23andMe,
I am declining both the agreement to arbitrate and the class-action waiver in the 23andMe Terms of Service.
Specifically, I am referring to the new 23andMe's Terms of Service posted at https://www.23andme.com/legal/terms-of-service/ on 2023 November 30th. I am opting out of the arbitration clause and class action waiver, per section 5.i.
Consider this an unequivocal statement that I wish to opt out of the arbitration clause and the class-action waiver in the 23andMe Terms of Service. My account information is as follows:
Name: Name here
Email: Email here
Please update your records accordingly.
Best regards,
Signature here
23andMe's Terms of Service include a "Dispute Resolution and Arbitration" section which includes a mandatory arbitration clause and a class action waiver. To opt-out, users must send an email to [email protected]. 23andMe does not explicitly list what data must be provided when opting out,.
The terms point users to [email protected], but the emails they sent pointed to [email protected] and [email protected]. This inconsistent communication from 23andMe has confused customers who wish to opt out of the new Terms of Service, so we recommend sending to all three addresses.
The company has understated the extent of the breach with each communication. 23andMe initially and incorrectly stated that the breach impacted only 0.1% of the customers, incorrectly claiming the breach was simply a credential stuffing attach, when in reality the breach impacts at least 50% of their userbase and is unlikely to be a credential stuffing attack.
Until this point, 23andMe did not have a mandatory arbitration clause. They only waived your right to a trial after the fact.
There are several ongoing class-action lawsuits against 23andMe (1), (2).