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Contracts Keyed to Calamari
Tompkins v. 23andMe, Inc.
Citation:
2014 WL 2903752Facts
23andMe (defendant) is a personal genetics company that provides customers with heredity information through the company’s Personal Genome Service. The Personal Genome Service consists of a DNA saliva collection kit that can be ordered from the 23andMe website. The Personal Genome Service provides information on the customer’s health and ancestry through a DNA test using the collected saliva. On the 23andMe website, the last section of 23andMe’s online Terms of Service contains an arbitration provision. The Terms of Service is accessible via a hyperlink, which appears at the bottom of many (but not all) of 23andMe’s website pages. The Terms of Service always appear in a standard font size, in blue or gray font, on a white background. The ordering webpage had no requirement that customers view or accept the Terms of Service. After the purchase of a DNA saliva collection kit, customers had to create an account and register their DNA kits online. During this account creation and registration stage, customers had to check a box next to a line stating that they have read and agreed to 23andMe’s Terms of Service. Tompkins and other 23andMe customers (plaintiffs) sued 23andMe, alleging they lacked adequate notice of the terms of service on the company’s website.
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19m 28s
