What can I do about this clause?

{'method': 'MAIL', 'recipient': '23andMe Legal, 870 Market Street, Room 415, San Francisco, CA 94102', 'difficulty': 'MODERATE', 'action_type': 'OPT_OUT_ARBITRATION', 'instructions': 'Write a letter stating your name, account email address, and that you are opting out of the arbitration agreement in the 23andMe Terms of Service. Mail it to 23andMe Legal, 870 Market Street, Room 415, San Francisco, CA 94102 within 30 days of creating your account.', 'deadline_days': 30, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has authority under Section 5 of the FTC Act to challenge unfair or deceptive arbitration and class action waiver provisions in consumer contracts.', 'complaint_url': 'https://reportfraud.ftc.gov/'}, {'agency': 'State_AG', 'reason': 'California Attorney General has enforcement authority over consumer contract terms under California consumer protection law and can challenge unconscionable arbitration clauses.', 'complaint_url': 'https://www.naag.org/find-my-ag/'}

What is the severity of this clause?

ConductAtlas classifies this Mandatory Arbitration and Class Action Waiver clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Do other platforms have similar clauses?

Yes. ConductAtlas has identified similar Mandatory Arbitration and Class Action Waiver clauses across approximately 41 other tracked platforms. You can compare how platforms differ on this clause type in the cross-platform comparison view.

Mandatory Arbitration and Class Action Waiver — 23andMe

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What it is

If you have a dispute with 23andMe, you cannot sue them in court or join a class action lawsuit — you must use private arbitration to resolve the issue individually.

Consumer impact (what this means for users)

This provision strips users of the right to pursue class action litigation against 23andMe for any grievance — including potential misuse of their genetic data — and requires all disputes to be resolved through private binding arbitration on an individual basis.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.

Opt Out of Arbitration
Within 30 days
Write a letter stating your name, account email address, and that you are opting out of the arbitration agreement in the 23andMe Terms of Service. Mail it to 23andMe Legal, 870 Market Street, Room 415, San Francisco, CA 94102 within 30 days of creating your account.

Cross-platform context

See how other platforms handle Mandatory Arbitration and Class Action Waiver and similar clauses.

Compare across platforms →

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Why it matters (compliance & risk perspective)

Mandatory arbitration removes your right to a jury trial and class action participation, which significantly limits your practical ability to seek redress for widespread harms such as a data breach affecting millions of users.

View original clause language

THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: This provision implicates FTC Act Section 5 (15 U.S.C. §45) regarding unfair or deceptive practices in consumer arbitration disclosures; the Consumer Financial Protection Act (12 U.S.C. §5531) does not directly apply as 23andMe is not a financial services entity, but CFPB arbitration rulemaking precedent is instructive. California Code of Civil Procedure §1281 et seq. governs enforceability under state law. The FTC and California AG have enforcement authority.

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Applicable agencies

FTC

The FTC has authority under Section 5 of the FTC Act to challenge unfair or deceptive arbitration and class action waiver provisions in consumer contracts.
File a complaint →
State AG

California Attorney General has enforcement authority over consumer contract terms under California consumer protection law and can challenge unconscionable arbitration clauses.
File a complaint →

Provision details

Document information

Document

23andMe Terms of Service

Entity

23andMe

Document last updated

April 29, 2026

Tracking information

First tracked

April 27, 2026

Last verified

April 27, 2026

Record ID

CA-P-003455

Document ID

CA-D-00147

Evidence Provenance

Source URL

https://www.23andme.com/legal/tos/

Wayback Machine

View archived versions →

SHA-256

16a44b36aa17e55ddf47ae29310c84ef467de0a10b43cf99d04895259b10a9f1

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: 23andMe | Document: 23andMe Terms of Service | Record: CA-P-003455
Captured: 2026-04-27 13:25:11 UTC | SHA-256: 16a44b36aa17e55d…
URL: https://conductatlas.com/platform/23andme/23andme-terms-of-service/mandatory-arbitration-and-class-action-waiver/
Accessed: May 2, 2026

Classification

Severity

High

Mandatory Arbitration and Class Action Waiver