Ancestry.com class action claims website shows identifying info during advertising memberships

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Ancestry.com class action lawsuit overview:

• Who: Plaintiff Ethan Shebesh filed a class action lawsuit against Ancestry.com and Geneanet SA.
• Why: Ancestry.com allegedly uses consumers’ identifying information for commercial purposes without their consent in violation of Illinois law.
• Where: The Ancestry.com class action lawsuit was filed in Illinois federal court.

An Ancestry.com class action lawsuit alleges the company uses consumers’ identifying information for commercial purposes without their consent in violation of the Illinois Right to Publicity Act (IRPA).

Plaintiff Ethan Shebesh filed the Ancestry.com class action lawsuit June 29 against Ancestry.com and Geneanet SA, a wholly-owned subsidiary of Ancestry.com.

The defendants own and operate www.geneanet.org, a genealogy website that allows users to share their genealogical information and connect with relatives and other Geneanet members.

“As with other genealogy websites, Geneanet allows its users to upload family history to build out an online family tree,” the Ancestry.com class action lawsuit explains. “The information uploaded may include relatives’ names, as well as documents, photographs, historical documents, news articles, and the like.”

Plaintiff says his full name appeared on Ancestry.com website to promote paid premium Geneanet memberships

Shebesh says he is one of 8 billion individuals identified on the Geneanet website. When searching for his last name, he discovered his full name and his spouse’s full name listed in the “free preview” search results.

When he clicked on his name on the free preview page, he was directed to a “Profile” page that included his full name, as well as the names of his parents, spouse, and half-siblings. The page also featured an orange “Become Premium” button urging users to sign up for a paid membership.

Premium memberships reportedly cost $12.50 for a three-month subscription, $50 for a one-year subscription, and $90 for a two-year subscription, according to the Ancestry.com website class action lawsuit.

Shebesh says he never provided written consent to use his name or likeness on the Ancestry.com website and he would not have provided it if Geneanet had asked for his consent. He claims the defendants have used the putative class members’ identities to advertise for-profit Premium memberships in violation of the IRPA.

The Illinois legislature reportedly enacted IRPA in 1999, granting the right of individuals to control and choose how their identities are used for commercial purposes.

Under IRPA, a person cannot use an individual’s identity for commercial purposes during their lifetime without first obtaining written consent from the individual or their authorized representative, the Ancestry.com class action lawsuit explains. IRPA violations may result in an award of up to $1,000 per violation and other damages to those affected, Shebesh says.

Shebesh filed the Ancestry.com class action lawsuit on behalf of himself and other current and former Illinois residents who do not have a Geneanet.org membership and whose identity was incorporated in a “profile” or “free preview” page.

Last fall, a federal judge denied Ancestry.com’s motion to compel arbitration in a case alleging it illegally disclosed thousands of minors’ genetic information when the company was acquired by the private equity firm Blackstone.

Have you been featured on an Ancestry.com website without your consent? Tell us about your experience in the comments!

Shebesh is represented by Jon Loevy, Michael I. Kanovitz, and Thomas M. Hanson of Loevy & Loevy.

The Ancestry.com website class action lawsuit is Ethan Shebesh v. Ancestry.com, et al., Case No. 1:23-cv-04195, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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