If you have a dispute with 23andMe, you are required to resolve it through individual arbitration rather than by filing a lawsuit in court or joining a class action claim.
This analysis describes what 23andMe's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision removes the ability to participate in a class action lawsuit or demand a jury trial, which are typical mechanisms for consumers to collectively challenge widespread company practices or recover losses that individually may be too small to litigate alone.
The updated Terms now apply only to users who live outside the United States, Canada, EEA, UK, and Switzerland, or who access the Services from outside those regions. US, Canadian, EEA, UK, and Swiss users are directed to region-specific Terms instead. Additionally, when terms for a specific Service conflict with the main Terms, the specific Service terms now govern that portion of your use rather than the main Terms controlling. The mandatory arbitration provision remains in the document but is no longer prominently featured at the very beginning of the Terms.
View change record →The updated Terms of Service now apply exclusively to users in the United States, narrowing the geographic scope from the prior version that addressed users in multiple regions. The terms now contain a prominently featured mandatory arbitration provision that requires disputes to be resolved through individual arbitration on an individual basis rather than through jury trials or class action lawsuits. This means that if a user has a dispute with 23andMe, the updated terms require arbitration as the method of resolution instead of traditional litigation. Additionally, if a user purchases additional services, the main Terms of Service (including the arbitration provision) will control any conflicting terms from those additional services. You can review the complete updated Terms of Service through the link provided in the document.
View change record →The updated terms now apply only to users who live outside or access services outside the United States, Canada, EEA, UK, and Switzerland. Previously, the terms applied to US-based users. The terms also clarify that when service-specific terms conflict with the general Terms of Service, the service-specific terms will govern that particular service rather than the general terms controlling all conflicts. This means users of additional services may operate under different dispute resolution and governance procedures depending on which service they are using.
View change record →Users who accept these terms waive their right to sue 23andMe in court individually or as part of a class, and must instead submit disputes to a private arbitration process administered by JAMS on an individual basis.
How other platforms handle this
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration before one arbitrat...
You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.
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"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.— Excerpt from 23andMe's 23andMe Terms of Service
REGULATORY LANDSCAPE: Mandatory arbitration clauses in consumer contracts are subject to scrutiny under the FTC Act's prohibition on unfair or deceptive practices. The Consumer Financial Protection Bureau has issued rules in related consumer contexts, though direct applicability here depends on whether 23andMe's services qualify as consumer financial products. California courts have invalidated arbitration clauses in consumer contracts that are found to be procedurally or substantively unconscionable under California Civil Code. Class action waivers in consumer contracts are subject to ongoing judicial and legislative scrutiny at the state level. GOVERNANCE EXPOSURE: High. The combination of mandatory individual arbitration and class action waiver creates significant governance exposure because it structurally limits the ability of consumers to pursue collective redress for systemic issues such as data breaches, systematic reporting errors, or widespread service failures. The provision is common in consumer technology agreements but carries heightened sensitivity given the nature of genetic data involved. JURISDICTION FLAGS: California residents face the most active legal environment for challenging such clauses, as California courts have applied unconscionability doctrine to arbitration provisions in consumer contracts involving sensitive personal data. The provision states it applies to US users; EU and UK users are directed to separate regional terms. Illinois users should note that genetic data disputes may also implicate the Genetic Information Privacy Act. CONTRACT AND VENDOR IMPLICATIONS: B2B purchasers or research partners using 23andMe services should confirm whether this arbitration clause applies to their commercial agreements or whether separate commercial terms govern. The provision states that these Terms control in the event of conflict with additional service terms, which affects how disputes under Membership or Telehealth Terms are resolved. COMPLIANCE CONSIDERATIONS: Compliance teams should audit whether the arbitration opt-out mechanism is prominently disclosed and whether the 30-day window is operationally implemented. Any future class action or regulatory proceeding involving genetic data privacy would be affected by the enforceability of this clause in the relevant jurisdiction. Legal teams should monitor California legislative developments regarding arbitration in genetic data contexts.
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This provision removes the ability to participate in a class action lawsuit or demand a jury trial, which are typical mechanisms for consumers to collectively challenge widespread company practices or recover losses that individually may be too small to litigate alone.
Users who accept these terms waive their right to sue 23andMe in court individually or as part of a class, and must instead submit disputes to a private arbitration process administered by JAMS on an individual basis.
ConductAtlas has identified this type of provision across 26 platforms. See the full comparison.
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