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Tompkins v. 23andMe, Inc.

United States District Court for the Northern District of California
2014 WL 2903752 (2014)


23andMe (defendant) was a personal genetics company that offered customers hereditary information from a genetic sample. A hyperlink to 23andMe’s terms of service appeared at the bottom of many of 23andMe’s web pages. Customers could enter their payment information and purchase DNA kits online without seeing the terms of service. After purchasing a DNA kit, in order to send in a DNA sample and receive genetic information, customers were required to create an account. The account creation page required customers to check a box affirming that they had read and agreed to the terms of service. Multiple customers (plaintiffs) filed class-action complaints against 23andMe, alleging a variety of claims. 23andMe filed a motion to compel arbitration, citing the arbitration clause in the website’s terms of service. The customers argued that they lacked adequate notice regarding the terms of service. Each customer in this action created accounts and registered their DNA kits online. The case was heard in federal court.

Rule of Law


Holding and Reasoning (Koh, J.)

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