Top Class Actions  |  May 15, 2014

Category: Consumer News

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.

Family Tree DNAA class action lawsuit filed Monday accuses DNA testing company Gene by Gene Ltd., which does business as Family Tree, of posting customers’ genetic test results on public websites in violation of state law.

Plaintiff Michael Cole alleges in the Family Tree class action lawsuit that he bought a DNA testing kit in 2013 in order to learn more about his family history and only expected to receive the results for his own use. However, contrary to the requirements of Alaska’s Genetic Privacy Act, Family Tree allegedly published the results not just to its own website but to a subsidiary of Ancestry.com.

The damage that this can cause is dramatic. Prior to the Patient Protection and Affordable Care Act, genetic test results could lead to disqualification for some health insurance coverage as well as other financial instruments. It is the reason, according to the Family Tree DNA test class action lawsuit, that the Alaska legislature passed a law restricting access to this information a few years after the decoding of the entire human genome in 2000.

There are several exceptions to this rule, including determining paternity, but the class action lawsuit alleges that Family Tree does not meet of those standards and as such should require “informed and written consent.” Instead, the website allegedly asks whether or not a user wants to join a project that will help them establish there family history.

However, in reported violation of the state Genetic Privacy Act, Family Tree allows users to access these records of DNA testing without the consent of users like Cole. In addition they allegedly provide the same information to at least one other website, and Cole argues that he had no idea this would happen when he agreed to purchase a Family Tree DNA testing kit.

As a result of the “serious and irreversible privacy risks,” he is seeking injunctive relief including Family Tree taking down the information from public-facing portions of the website as well as unspecified damages. The class action lawsuit argues that class certification is warranted because the number of plaintiffs could be significant and the amount of damages may not be significant if individual litigation was pursued.

Cole is represented by class action lawsuit lawyers Douglas K. Mertz, Jay Edelson, Rafey S. Balabanian, Benjamin H. Richman, J. Dominick Larry and David I. Mindell of Edelson PC.

The Family Tree Genetic Privacy Class Action Lawsuit is Michael Cole v. Gene By Gene, Ltd., Case No. 14-cv-00004, in the U.S. District Court for the District of California.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


10 thoughts onFamily Tree DNA Class Action Lawsuit Alleges Privacy Violations

  1. Betty j Brown says:

    My brother and myself had our DNA done with the (Brown Society DNA) they used them and today I wanted to see what was new and now I know my information is in another country and I can’t get into our kits what to do

  2. Chris W. says:

    So do ya still think Michael Cole is still a ‘whiner” and “crying in his beer?” Family Tree DNA is a terrible company. Search out the truth and get the facts before you make comments.

    1. Betty says:

      What is the update if you don’t care me asking

  3. Robert J Goudin says:

    add me

  4. BC says:

    This is ridiculous. When you have FTDNA and Ancestry do your DNA study, one of the selling points is that you will be able to match up with people who share your DNA. It has become an invaluable resource for adoptees who have zero to go on but their DNA. And for families to reconnect with relatives to share family tree information. This man could not have been ignorant of how it all works. One whiner can spoil it for others who are very happy to use it as it was intended. If he wanted to keep it a big secret, he should have registered it under an alias.

  5. Matt says:

    How do you help FTDNA?

  6. David says:

    How do you sign up for this Class Action suit? Michael Cole v. Gene By Gene, Ltd., Case No. 14-cv-00004, in the U.S. District Court for the District of California.

    1. chekwriter says:

      This guy just now comes along and is crying in his beer? That was over 3 years ago now.Statute of Limitations should apply.What a cry baby. If he had taken the time to read all the places on the profile to check or opt out, he would not be causing a lot of other people a lot of GRIEF.As well as a lot of legal fees, most can ILL AFFORD in this unemployment times. You failed to include what kind of a DNA test he under took? Makes a huge difference. Ignorance of joining or not joining any specific project is NO Expectation of Receiving Ill GOTTEN GAIN.

      1. Taed says:

        It is not a new case at this time, as it was filed 12 May 2014, almost 2 years prior to your comment.

        1. Betty says:

          What is the update if you don’t care me asking

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.