This change will force its users into binding arbitration, which is a means to resolve disputes (such as a cybersecurity breach leaking your DNA data) outside of court.
I’m not a lawyer, but I don’t think that retroactively applies to things that happened before the ToS got updated.
So 23andMe would still be open to lawsuits for the previous breach
I’d almost guarantee the original TOS had a line like “we can change the TOS at any time.”
Having said that, I also thought I’d seen quite some time ago that burying undesirable restrictions in the fine print of a TOS doesn’t help companies who fuck up as much as they hope it will in court because it’s been acknowledged that so few people thoroughly read them.
IIRC they scare people into thinking they have signed away legal rights more than they actually have. I could be wrong, but that’s my recollection.
Edit: Just a quick search - https://www.rocketlawyer.com/family-and-personal/personal-finance/consumer-protection/legal-guide/your-rights-if-a-business-changes-its-terms-of-service
Consumer protection laws
Federal law and many state laws protect consumers from a wide range of deceptive, fraudulent, or unfair business practices. As mentioned earlier, businesses can enforce their TOS even if their users did not read them in their entirety, but only if the terms are reasonable and fair. Hiding unusual terms deep in the fine print of the TOS could be considered deceptive.
But would that hold up in court?
That part doesn’t matter as much. They have a legal department and a budget for outside council. You’re just some schmuck who’s been victimized. You want to fight them in court, it’s going to require thousands of dollars just to get through the binding arbitration for you to challenge it, costing more money and more time.
The point is not to win in court, but to stall and obstruct.
Or to sew your mouth to another person’s anus.
The cuttlefish and asparagus isn’t sitting well.
Maybe not but you’ll undoubtedly have to go to court to argue that (paying legal cost the whole time) before you can then start the case about gross negligence (and pay more for)
It’s all designed to ensure you can’t afford to sue them
No, you’d just have to defend against a motion to dismiss under the terms of this agreement as part of the larger action. It’s a nominally increased amount of work and would not significantly increase the cost of litigation.
It would if you dont utilize the opt out during the window, all TOS’ are written that way, every ody that’s used them already agreed to be bound by a TOS that’s subject to change, as long as they post the change and offer an opt out from that point forward, it’s legal. That’s why places always send those updated TOS notices.
Sadly many people that used them did so with real information. Anybody that did should download their profile, request data deletion and opt out of the terms.
Funny, it’s almost like they factored in a breach to their business model. Hunh
I would be surprised if they thought that far ahead.
You’d be surprised how much of corporate America assumes similar of us, then.
Thanks for the heads up, I got that email 4 days ago and ignored it.
