Status: In progress

Melvin, et al. v. 23andMe Inc.

23andMe allegedly hid from consumers that the hacker behind an October 2023 data breach specifically sought out Chinese and Jewish customers and put their stolen private genetic information on the dark web.

  • Deadline to file a claim: TBD
  • Proof of Purchase Required: No
  • Potential Individual Reward: TBD
  • Total Settlement Amount: TBD
  • States Involved

Abraham Jewett  |  February 2, 2024

Category: Data Breach
Close up of 23andMe signage, representing the 23andMe class action lawsuit.
(Photo Credit: Jennie Book/Shutterstock)

23andMe data breach class action lawsuit overview: 

  • Who: David Melvin and a customer identified as J.L. filed a class action lawsuit against personal genomics and biotechnology company 23andMe Inc. 
  • Why: Melvin and J.L. claim 23andMe hid from consumers that the hacker behind an October 2023 data breach specifically sought out Chinese and Jewish customers and put their stolen private genetic information on the dark web. 
  • Where: The class action lawsuit was filed in California federal court. 

Personal genomics and biotechnology company 23andMe concealed from customers that the hacker behind an October 2023 data breach specifically targeted Jewish and Chinese customers and posted their private genetic information on the dark web, a new class action lawsuit alleges. 

Plaintiffs David Melvin and J.L.’s class action lawsuit claims the 23andMe hacker compiled, as a side task, private genetic information of the company’s Jewish and Chinese users into specially curated lists that continue to be shared and sold on the dark web to this day.  

Melvin and J.L. argue 23andMe was able to review the data stolen from its Chinese and Jewish customers and how it was being sold and shared but allegedly chose to conceal the information from them. 

“To this day, 23andMe has never told its 7 million compromised customers that their (private genetic information) was disclosed on the dark web, and never told its Jewish and Chinese customers that they were specifically targeted,” the 23andMe class action states. 

Melvin and J.L. want to represent a nationwide class of individuals whose private genetic information was accessed by third parties during the 23andMe data breach, a subclass of individuals with Chinese ancestry or Ashkenazi Jewish heritage and a subclass of individuals from Oregon, Illinois or Alaska. 

Hacker leaked data of more than 1M Jewish and 350K Chinese customers, class action claims

Melvin and J.L. argue the hacker behind the 23andMe data breach leaked a list of more than 1 million Jewish customers’ data in an apparent retribution for the Israel-Hamas war and the data of 350,000 Chinese customers after a request from a user with the alias “Wuhan.” 

“These lists generated a huge amount of interest from hackers on the dark web from all over the world and were shared and reshared an untold number of times,” the 23andMe class action states. 

Melvin and J.L. further claim that, in an effort to prevent claims from being filed against it, 23andMe delayed notifying the 7 million customers affected by the data breach so it would have time to add arbitration requirements to its terms and conditions.

23andMe is accused of negligence and violating California’s Unfair Competition Law and privacy statutes in Illinois, Alaska and Oregon. 

The plaintiffs are demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual, compensatory, consequential, incidental, nominal, statutory and punitive damages for themselves and all class members. 

After customers filed a separate lawsuit in Illinois relating to the 23andMe data breach, the company sent out a December letter blaming its customers for the data breach, with the company arguing those impacted had failed to update their passwords for the genetic testing service. 

Were you impacted by the 23andMe data breach? Let us know in the comments.

The plaintiffs are represented by Rafey S. Balabanian, Jay Edelson, J. Eli Wade-Scott, Michael Ovca, Emily Penkowski Perez and Hannah P. Hilligoss of Edelson PC.

The 23andMe data breach class action lawsuit is Melvin, et al. v. 23andMe Inc., Case No. 3:24-cv-00487, in the U.S. District Court for the Northern District of California.


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12 thoughts on23andMe hackers sought Jewish, Chinese customers’ data, class action alleges

  1. Laura Jayne Blackwell says:

    I used 23andme and after receiving an email in October 2023, stating my data was breached, for which they blamed a relative but provided no name or proof, I contacted them stating I never received the letter and said it takes a couple weeks but it never came. I then contacted the law firm Milberg that filed a class action lawsuit, however, since 23andme only sent emails (several in-fact) stating they’d sent me a letter detailing the information of which I never received, the law firm informed me they cannot include me in the class action lawsuit without a formal letter. They did accept my arbitration form but no updates have been received. I then closed my 23andme account and contacted them directly requesting the formal copy of the letter but to no avail. I continued to send emails, providing my vacation address outside of CA, then back to CA but still no response and no formal letter to date. They are withholding information that is crucial and ability to remove or protect myself agains the harm they may have caused now and in the future. Milberg did email me that they did accept my arbitration form but no updates have been received. What are my options? Is the class action lawsuit finalized? Am I included? How to do I force 23andme to send me the so-called letter they say they sent?

  2. Kristin Kaniewski says:

    I feel I should be worried for my safety as well as safety for my children and family members, this not only complicates my on going issues with identity theft, but now have my genetics, could be making a new covid vaccine or antibiotics that would possibly kill off people with these genetic profiles, or they could physically harm us knowing everything down to our exact fingerprints. I believe this company should be held completely reliable, to any and what is, it’s caused me to fear for my safety from all walks of life as well as just the normal stressor that come with having your identity stolen. I reside in Michigan. This company has me a nervous wreck over the safety of my family and my generations to come.

  3. Joseph Gaudette says:

    I received an email from 23andme that my account was pne of the accounts that were hacked. How do I get on this lawsuit?

  4. Nancy Perry says:

    Please add me. Been with 23 and me for years

  5. prakash c shah says:

    add me

  6. Felica Reed says:

    The email I used I can’t get in anymore but I used 23@me please let me know what I can do

  7. Melissa Smith says:

    There only notification I got was through email. My husband and I have both of our info on 1 account and so we are both affected. Totally blamied it on us. NOT HAPPY

  8. Richard J pais says:

    I have received a letter from 23 and me informing about Data breach however didn’t mention about my Ashkenazi background.

  9. Lana Lee says:

    I am a victim of this and not represented. Who can I contact?

    1. Jennifer Castaneda says:

      I received a breach email from 23andMe and have no representation. I am 99.9% Ashkenazi Jew

  10. Chana Zucker says:

    23 & Me sent a notice of data breach. It’s a mess. identity fraud starting last couple if years.

    1. Delinda Bevelle says:

      Add me

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