Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
Purchasers of a Personal Genome Service from 23andMe from a few years back can now claim benefits from a class action settlement.
Under terms of the settlement, qualifying purchasers of a PGS can claim either a cash payment or a certificate good toward the purchase of a Genetic Testing Kit from the 23andMe website.
23andMe is a company that offers personal genetic analysis through a home testing kit. Test results can give users a summary of their ancestry and genetic risk factors for certain medical conditions.
This 23andMe settlement resulted from a class action arbitration brought before the American Arbitration Association by claimants Karen Davis-Hudson and Sarah Diaz. The claimants allege 23andMe unlawfully misrepresented their products and services.
Statements on 23andMe’s website represented the PGS as providing “health reports on 254 diseases and conditions” such as cancer, coronary heart disease, and type 2 diabetes. The company marketed the PGS as a “first step in prevention” that would let users “take steps toward mitigating serious diseases.”
Diaz and Davis-Hudson claim 23andMe promoted the PGS as an effective method of making a medical diagnosis without having first getting medical device approval from the U.S. Food and Drug Administration.
Claimants point to a warning letter sent to 23andMe by the FDA in November 2013, in which the FDA ordered the company to stop publishing the health information component of its PGS. Their demand for arbitration raises claims for violation of several California consumer protection laws.
Several previous attempts at litigating these claims in court were consolidated into a single action, then dismissed in June 2014. U.S. District Judge Lucy Koh found that the plaintiffs in those cases had agreed to arbitrate claims against 23andMe when they signed up for an online account through the company’s website.
Class Members may submit an Election Form to tell the settlement administrator whether they want the certificate or the cash payment. Election Forms may be submitted online or by mail, email or fax. Class Members who do not submit an Election Form will receive a certificate by default.
Class Members who wish to be excluded from the settlement must submit a written request to the settlement administrator by Oct. 20, 2017. Those who want to object to the settlement’s terms must submit their objection to the American Arbitration Association by Oct. 20, 2017.
Who’s Eligible
Class Members include all U.S. residents who purchased a PGS between Oct. 16, 2007 and Nov. 22, 2013 for their own personal use.
Potential Award
$12.50 cash or $40 certificate.
Qualifying Class Members can claim either a cash payment of $12.50 or a $40 certificate toward the purchase of a new Genetic Testing Kit from 23andMe.
Known Class Members who do not submit a timely Election Form will receive a certificate by default.
Proof of Purchase
No proof of purchase is necessary.
Claim Form
Claim Form Deadline
12/6/2017
Case Name
Davis-Hudson and Diaz v. 23andMe Inc., Case No. 74-20-1400-0032, before the American Arbitration Association
Final Hearing
11/15/2017
Settlement Website
Claims Administrator
23andMe Settlement Administrator
c/o Kurtzman Carson Consultants
P.O. Box 404000
Louisville, KY 40233-4000
1-866-645-6923
info@23andMeSettlement.com
Class Counsel
Patrick J. Sheehan
Alan M. Mansfield
WHATLEY KALLAS LLP
John Gravante III
PODHURST ORSECK PA
James H. McFerrin
MCFERRIN LAW FIRM LLC
Defense Counsel
James N. Kramer
Robert P. Varian
Alexander K. Talarides
Stephanie Albrecht
ORRICK HERRINGTON & SUTCLIFFE LLP
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
41 thoughts on23andMe DNA Testing Kit Class Action Settlement
All this nonsense so lawyers can make hundreds of thousands of dollars and the little sheeple clammer around for their little $12.50. Don’t participate in this lawsuit and send a message. If you bought a 23 and me instead of going to a Dr than your just a plain old idiot and $12.50 won’t change that.
I bought one for my husband and a child that was being told was his. How ever I have no idea how to provide information to be involved in this law suit can you help me?? I bought this item back in 2009
I have purchased several of these. How do I get the claim number and the pin number? I’m confused
You print out the claim form.
Click on the “Settlement Website.”
On the second page, go down the menu,
click on “Election Form.”
Fill it out, print it out, mail.
Trying to log in but it keeps asking for a claim # and pin
I can’t file as it keeps asking for a pin. How do I sign in?
Iagree to no proff of purchase but hey you must inter a I’d and password dumb no prof of purchase means no proff of purchase
My husband bought 4 kits for our family. I have tried to register at the web site, but am unable to. Is it a secret?
I’d like to know if they have had any other lawsuits that have been settled or have any other lawsuits pending.
I’d like to know if any questions have been raised regarding the validity of their test results.
Whether or not I believe I am a class member, The claim forms are to be made readily available and not withheld pending some decision that the administrator or attorney thinks they have the right to make. You fill out a claim form and eligibility is then determined as per the requirements of said claim form.
I totally agree Dee. What is this nonsense?