23andMe Class Action Lawsuit: 23andMe Customers Filed a Class Action Lawsuit Against 23andMe After Alleged Cyberattack and Data Breach.
23andMe Data Breach Class Action Lawsuit
On October 9, 2023, a class action lawsuit complaint was reportedly filed against 23andMe, Inc. in the United States District Court for the Northern District of California (styled Monica Santana and Paula Kleynburd v. 23anMe, Inc., Class Action Case No. 3:23-cv-05147) alleging, among other things, that certain 23andMe customers’ private information (e.g., names, sex, date of birth, genetic ancestry results, profile photos, and geographical location) was compromised and unlawfully accessed via a data breach and that defendant allegedly failed to implement adequate and reasonable cyber-security procedures and protocols necessary to protect victims personal information.
According to the 23andMe complaint, on or about October 6, 2023, Defendant announced, via their website, that “23andMe customer profile information that they opted into sharing through our DNA Relatives feature, was compiled from individual 23andMe.com accounts without the account users’ authorization.”
Who Is Included In The Proposed 23andMe Class Action Lawsuit?
The 23andMe class action lawsuit is reportedly brought on behalf of and includes, unless otherwise excluded, the following putative class members:
All persons whose PII or PHI was compromised in the Data Breach by unauthorized persons. (the “Class”).
What Claims Are Alleged In The 23andMe Class Action Lawsuit?
The 23andMe class action lawsuit complaint asserts the following alleged causes of action:
- Count 1: Negligence
- Count 2: Breach of Implied Contract
- Count 3: Invasion of Privacy – Intrusion Upon Seclusion
- Count 4: Unjust Enrichment
- Count 5: Declaratory Judgment
What Remedy Is The Putative Class Seeking In The 23andMe Class Action Lawsuit?
The plaintiff and the proposed class members in the 23andMe class action lawsuit allegedly seek, among other things, the following relief:
- An order certifying the lawsuit as a class action
- An order requiring Defendant to pay for lifetime credit monitoring services
- An award of actual damages, compensatory damages, statutory damages/penalties
- Equitable relief
- Punitive damages
- An award of attorneys’ fees, costs and expert witness fees
- Pre-judgment and post-judgment interest
According to the 23andMe complaint, plaintiff and the class seek equitable relief (1) enjoining Defendant from engaging in the alleged conduct complained of pertaining to the misuse and/or disclosure of personal information and from allegedly refusing to issue prompt, complete and accurate disclosures; (2) compelling Defendant to utilize appropriate methods and policies with respect to data collection, storage, and safety, and to disclose with specificity the type of personal information allegedly compromised during the alleged 23andMe data breach; and (3) requiring restitution and disgorgement.