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UPDATE:
- This case was dismissed June 15, 2021, with prejudice in favor of Ancestry.com.
Personal information from Ancestry databases is allegedly used for family indexing services without consent, according to a recent class action lawsuit.
Plaintiffs Meredith Callahan and Lawrence Abraham say that their photos, likeness, names, and identities have been used in Ancestry databases without their consent – specifically information from their old school yearbooks. This conduct allegedly violates the plaintiffs’ privacy and California law.
Specifically, the plaintiffs challenge an Ancestry database entitled “U.S. School Yearbooks 1990-1999.” This database reportedly includes names, photographs, cities of residence, and school names for millions of Americans, including more than 60 million records from California schools and colleges.
Abraham says that, upon searching his name in Ancestry databases, three yearbook listings are shown – including yearbook dates, the name of his school, the school’s location, and even pictures of Abraham as a child. Further information on each listing allegedly shows Abraham’s age, birth year, grade completed, and even extracurricular activities he may have participated in.
Despite the wealth of his personal information found in Ancestry databases, Abraham contends that he has not provided consent to have his data used and shared.
Callahan tells a similar story, with a shocking 26 results available upon searching for her name in the Ancestry databases. These entries reportedly include sensitive information such as Callahan’s full name, age, schools attended, school locations, and more.
Callahan contends that her extracurricular activities were also included in these results, showing her participation in student council, cross country running, track, “Students Against Drunk Driving,” “Quiz Bowl,” the National Honors Society, and ski club. Her status as high school valedictorian is also included in these records, according to the Ancestry databases class action lawsuit.
Like Abraham, Callahan says she never consented to having this information shared online by Ancestry. In fact, as a published author with a coaching and consulting business, Callahan notes that controlling her name and image is extremely important for her professional well-being and the success of her brand and business.
These sensitive records are reportedly accessed by countless Ancestry subscribers in exchange for $24.99 to $49.99 in monthly membership fees for “U.S. Discovery,” “World Explorer,” and “All Access” subscription plans. As a result of these payments, subscribers are allegedly able to search, view, and download records containing sensitive information about Californians in Ancestry databases.
Despite using records for millions of Californians and gaining significant profits from these records through subscription purchases, Ancestry has allegedly failed to secure consent from Californians included in their databases.
“Ancestry has not received consent from, given notice to, or provided compensation to tens of millions of Californians whose names, photographs, biographical information, and identities appear in its Ancestry Yearbook Database,” the Ancestry databases class action lawsuit contends.
The plaintiffs also challenge Ancestry’s use of sensitive information in targeted email promotions. These emails are allegedly sent to potential subscribers and use the names, photographs, images, likenesses, and other personal information from Ancestry databases to advertise their services.
In one “ghoulish” example, Callahan and Abraham note that Ancestry has used the gravesite photographs for deceased relatives of potential subscribers in order to entice them to use Ancestry’s free trial and later subscribe fully. These emails allegedly promise that a paid subscription would provide even more information about the email recipient’s deceased relatives.
According to the plaintiffs, Ancestry continues to grow their databases and use this information to advertise their services. These databases allegedly allow the company to provide their subscribers with sensitive information gathered and shared without the consent of the individuals found in Ancestry databases.
“Ancestry did not ask the consent of the people whose personal information and photographs it profits from,” the plaintiffs note in their Ancestry databases class action lawsuit.
“Nor has it offered them any compensation for the ongoing use of their names, photographs, likenesses, and identities as part of its products and services, and to sell and advertise its products and services.”
Callahan and Abraham claim that these actions are not only unfair but also unlawful. By sharing sensitive personal information of Californians without their consent, Ancestry has allegedly violated California law including California’s Unfair Competition Law and Unjust Enrichment Law.
The plaintiffs seek to represent a Class of Californians who are not subscribed to Ancestry services, have never donated a yearbook to the company, but whose sensitive information was uploaded to Ancestry databases without their consent.
Do you have an Ancestry account? Are you worried about the security of Ancestry databases? Let us know in the comment section below.
Plaintiffs and the proposed Class are represented by Michael F. Ram and Marie N. Appel of Morgan & Morgan Complex Litigation Group and by Benjamin R. Osborn of Ben Osborn Law.
The Ancestry Databases Class Action Lawsuit is Meredith Callahan, et al. v. Ancestry.com Operations Inc., Case No. 3:20-cv-08437, in the U.S. District Court for the Northern District of California.
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Yes, I have an account.
Ive had an ancestry account for years, add me please
Please add me.