Ancestry.com class action claims company uses real user info in advertisements

Ancestry.com class action overview: 

• Who: An Ohio woman is suing Ancestry.com.
• Why: The plaintiff claims her likeness was used in the company’s advertising without her knowledge or consent.
• Where: The class action was filed in an Ohio federal court.

Ancestry.com is facing a class action lawsuit for allegedly using the names, photos, and likenesses of private individuals to promote paid subscriptions without their consent. 

Plaintiff Diania Nemcik filed the class action complaint against Ancestry.com on Dec. 27 in an Ohio federal court, alleging violations of state and federal consumer laws.

According to the complaint, the genealogy company sourced photos and personal details, including yearbook images, to generate interest in its subscription services. 

However, Nemcik claims she has no connection to Ancestry.com and never consented to the use of her identity. 

“Ancestry is using the names and photographs of Ohio students and teachers without their consent to advertise paid subscriptions,” Nemcik alleges in the lawsuit.

Ancestry.com misled customers with advertising methods, lawsuit alleges

The lawsuit details three advertising methods used by Ancestry.

First, the site displays low-resolution yearbook photos alongside promotional text, urging visitors to subscribe for access to higher-quality images and additional personal details. Second, Ancestry allegedly sends emails to non-subscribers using class members’ names, prompting recipients to explore records tied to those individuals. Finally, the company offers a two-week free trial, during which users can view detailed personal records, including estimated birth years and graduation dates.

Nemcik alleges that these practices mislead consumers into believing individuals featured in the advertisements are affiliated with Ancestry.com and have consented to having their likeness used. 

She claims Ancestry neither disclosed how it obtained the yearbook images nor provided a mechanism for individuals to opt out of having their identities used in promotions. 

As a result, Nemcik is looking to represent all Ohio residents who are not Ancestry.com subscribers and whose names and yearbook photographs Ancestry uses to promote website subscriptions.

She is suing for violations of Ohio’s right of publicity statute and common law against misappropriation of name or likeness, and is seeking certification of the class action, damages, fees, costs and a jury trial.

This is not the first class action lawsuit Ancestry.com has faced. In 2023, Ancestry.com was hit with a class action lawsuit alleging the company uses consumers’ identifying information for commercial purposes without their consent, in violation of the Illinois Right to Publicity Act.

What do you think of the allegations in this Ancestry.com class action? Let us know in the comments.

The plaintiff is represented by Michael C. Lueder of Hansen Reynolds LLC; Benjamin R. Osborn of the Law Office of Benjamin Osborn PLLC; Samuel J. Strauss and Brittany Resch of Strauss Borrelli PLLC; and Michael F. Ram and Marie N. Appel of Morgan & Morgan Complex Litigation Group

The Ancestry.com class action is Diania Nemcik v. Ancestry.com, Case No. 3:24-cv-00335-WHR-CHG in the U.S. District Court for the Northern District of Ohio.

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