Ancestry.com cannot arbitrate claims it illegally shared minors’ genetic testing info

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Update: 

• Ancestry.com cannot arbitrate claims it illegally disclosed thousands of minors’ genetic information when Blackstone, a multibillion-dollar private equity firm, acquired it, an Illinois federal judge has ruled.
• On Sept. 30, U.S. District Judge David Dugan issued an order denying the company’s motion to compel arbitration, ruling that the minors didn’t have Ancestry.com accounts and didn’t sign the company’s terms and conditions, which include a provision that requires disputes to be settled through arbitration.
• The guardians who signed the terms and conditions agreement for the minors to have their saliva tested and processed did so without the minors agreeing to use Ancestry.com’s services, according to the order.
• The plaintiff, a minor, alleges that Ancestry.com unlawfully shared genetic testing information without written permission when it was acquired by The Blackstone Group in 2020.

Ancestry.com genetic information class action lawsuit overview: 

• Who: A.K., a minor, filed a class action lawsuit against Ancestry.com.
• Why: The plaintiff alleges that Ancestry.com unlawfully shared genetic testing information without written permission when it was acquired by The Blackstone Group last year.
• Where: The class action lawsuit was filed in Illinois federal court.

(Nov. 03, 2021)

Ancestry.com DNA, LLC, allegedly illegally disclosed thousands of individuals’ genetic information when it was acquired by Blackstone, Inc., a multi-billion-dollar private equity firm, in 2020. 

Plaintiff A.K., a minor, by and through his Guardian Kelsi Kingsley, claims Ancestry.com violated the plaintiff’s and the other class members’ rights under the Illinois Genetic Information Privacy Act, 410 ILCS 513/1 (GIPA), to prevent disclosure of their genetic information to unauthorized third parties without their written consent.

“Following Blackstone’s acquisition of Ancestry.com, defendant disclosed on its website that plaintiff and the Class’ genetic information would be released and/or disclosed to Blackstone for its use,” the lawsuit states. “However, defendant failed to identify any method by which plaintiff and the class could prevent such disclosure of their genetic information to Blackstone or any other party.”

Plaintiff Says He Would Not Have Provided Genetic Material if He Knew It Would Be Disclosed

The plaintiff and his guardian used an at-home DNA test kit from Ancestry.com and received the information derived from his genetic test.

“Plaintiff would not have agreed to have his genetic material provided to Ancestry.com if he had known that defendant would disclose his genetic information without his consent to third parties other than his guardian such as Blackstone,” the lawsuit states.

On behalf of himself and the proposed class, the plaintiff seeks an injunction requiring Ancestry.com to comply with GIPA, as well as an award of damages, including statutory damages under GIPA, to the Class Members, together with costs and reasonable attorneys’ fees.

Are you an Ancestry.com user who had their genetic information illegally shared with Blackstone? Let us know in the comments and sign up for our newsletter to stay up to date on the latest class action news.

The plaintiff is represented by Eugene Y. Turin and David L. Gerbie of McGuire Law PC, Jonathan M. Jagher and Brian M. Hogan of Freed Kanner London & Millen LLC, Gary M. Klinger of Mason Lietz & Klinger LLP, Katrina Carroll of Lynch Carpenter LLP and Gregory L. Shevlin of Cook Bartholomew Shevlin Cook & Jones LLP.

The Ancestry.com Genetic Information Class Action Lawsuit is Kelsi Kingsley v. Ancestry.com DNA LLC, Case No. 3:21-cv-01368, in the U.S. District Court for the Southern District of Illinois.

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