We are receiving a significant volume of inquiries from affected 23andMe customers. To submit your inquiry or register your contact information, please send an email to [email protected] and indicate 23andMe Class Action in the subject line. We will review all the submissions in relation to this proposed class action, and will contact you if we require additional information. Otherwise, we will contact you when there is a major development in relation to this file. Thank you.
Updates
September 17, 2024: In August of 2024, a mediation was held amongst the parties in this action, but the mediation was not successful, as the parties were not able to achieve a settlement that, in the Canadian class action plaintiffs’ view, would be recommendable to the Canadian Court for approval in the circumstances of this case. This action is currently being actively litigated, as our clients seek to add certain of senior directors and officers of 23andMe as well as its auditors, KPMG LLP (United States), as defendants. The proposed settlement achieved in the United States on behalf of the residents of the United States does not affect the Canadian action. Given the proposed settlement in the United States is pending before the United States Court for approval, we will not be able to provide further comments or respond to individual inquiries in relation to this matter at this time. We will advise in due course when there is a major development in the Canadian action.
December 20, 2023: The Supreme Court of British Columbia has granted a representation order, allowing the plaintiff, KND Complex Litigation, and YLaw Group to act on behalf of the proposed class members in addressing any issues arising from 23andMe's Terms of Service dated November 30, 2023, which include provisions for alternative dispute resolution and individual arbitration procedures and a class action waiver. More information about the Representation Order is HERE.
A copy of the Representation Order is available HERE.
Summary
This is a proposed customer privacy class action against 23andMe Holding Co. and 23andMe, Inc., who provide biotechnology and genetic testing solutions to customers. The class action arises out of the data breach that affected customers’ highly sensitive and highly valuable personal information in 2023. As a result of the data breach, which was reported in October 2023, personal information of millions of the defendants’ customers was made available for sale on the Dark Web.
The action alleges that contrary to their promises, statements and representations, as well as the privacy regulation and industry standards applicable to them, the defendants did not introduce, implement or maintain proper or adequate data retention and data protection practices. The action alleges that the data breach was enabled or prompted as a result of the defendants’ willful or reckless conduct in violation of their own representations and the standards applicable to them to safeguard the highly sensitive and highly valuable customer data in their control, custody or possession.
The action seeks to recover compensation for the benefit of the defendants’ Canadian customers who were affected by the Data Breach.
KND Complex Litigation is co-counsel with the Vancouver-based law firm of YLaw Group on this class action.
Class Membership Criteria
All natural persons residing or domiciled in Canada whose sensitive personal information was accessed by unauthorized parties or otherwise compromised in the course of or as a result of the Data Breach;
Excluded from the Class are the directors, partners, officers or senior employees of the Defendants or any of their subsidiaries;