23andMe just sent out an email trying to trick customers into accepting a TOS change that will prevent you from suing them after they literally lost your genome ro thieves.
Do what it says in the email and email arbitrationoptout@23andme.com that you do not agree with the new terms of service and opt out of arbitration.
If you have an account with them, do this right now.
Here’s an email template for what to write: https://www.patreon.com/posts/94164861
I don’t see how an email that has no proof of delivery (could have ended in spam for example) would be legally binding.
Accepting a ToS update simply by virtue of no action is also questionable unless provisions permitting that were in the ToS you’ve accepted and even then it would not work in the European Union, because that’s listed in the forbidden clauses registry.
I thought the same thing when my Disney+ rate went up a couple months ago and I couldn’t find the email warning about it in my inbox or spam folders.
Why do we let these companies get away with everything? If the rates are going up, show me in the app/ui. Make it opt in. Disable my ability to watch anything until I approve the increase in spend. It should be illegal to just change the terms of a contract and say “I sent you an email.”
You most likely did not officially consent to the changes and have a prolonged right to terminate the contract without the need of upholding the contract duration.
It’s probably mich cheaper just to deal with the few that complain rather than sending out hundreds of thousands of paper letters or having them confirm the changes electronically and terminating the contracts of those who did not accept.
I guarantee the original contract said the rates are subject to change without notice. Plus, raising the prices will definitely increase CS call volume more than sending out notices.
Accepting a ToS update simply by virtue of no action is also questionable
Even it being “questionable” is a fucking outrage – it should be so blatantly, obviously, disallowed that a lawyer should lose their license just for proposing it!
The entire concept is a goddamn farce.
Nope. The silent consent concept is a nice thing, it solve a lof of problems both for companies and private citizens. I could offer plenty of examples of the correct use of the concept that solve problems.
23andMe is just doing a big dick move trying to avoid to be sued for the leak.
It’s not, and TOS are not legally binding either
By viewing this post, you agree to gift 50% of all after tax future earnings to PersnickityPenguin. Additionally, your entire Steam Library of games is hereby under sole ownership of PersnickityPenguin. All games and/or steam account login and password must be provided to PersnickityPenguin.
Failure to transfer all financial and virtual property within (30) days is considered a breach of contract. Each incident of a breach of contract will result in a $500,000 penalty per incident. Viewer agrees to these terms of service. Any dispute or breach of contract will result in additional legal fees to be paid by the viewer entering into this contract pursuant to paragraph (A).
My ISP, phone company, bank, insurance company and everyone else send me TOS related messages from time to time. Usually, the message is something along the lines of: “We’re altering the deal. Pray we don’t alter it any further”
It doesn’t seem fair to me, but since everyone is doing it, there probably isn’t a law against it.
You’d think that, but you know those “don’t remove or warranty is void” stickers on stuff? They’re illegal.
Every time an ISP does that around here they send you a notification via certified mail with a prepaid return envelope and a service cancellation form included - you can decide to not continue using the service without any early cancellations fees etc.
If they fail to do that they get fined by consumer protection agency, are required to return any fees they charged based on the change and they get to start over - send a notification that follows the rules resetting the clock for those who opt to cancel
Why would you need proof of delivery? The original email gives instructions. You follow those instructions and can prove you did so with date and timestamps. I don’t see the issue.
https://en.m.wikipedia.org/wiki/Non-repudiation
Legally you have to be able to prove someone received a thing. It’s why you get served when you’re sued. An agent physically hands you the complaint (or whatever they’re called). If the papers were put in the mail the person being sued could say they never received them.
Couldn’t the same be said about the TOS updates though? Would they not need to prove it was delivered?
Can’t you trace an email and prove it was delivered? Even mail you sign for only proves you received it, not that you opened it.
“But they clicked the imaginary button, your Honor. How can they still have rights ?”
This just blows my fucking mind. Same thing happened with Crunchyroll, apparently I could have been part of a class action lawsuit when it was found out that they were selling users data. But I didn’t hear about it, didn’t get any letters and didn’t see the email. The date came and went. Because I didn’t “take action” in time I apparently forfeit my right to my piece of the settlement AND to sue.
HOW THE FUCK IS THAT LEGAL. How can you make the least amount of effort to notify someone after illegally fucking up their life, then when they don’t respond (because they didn’t see the notification or whatever), say, “well legally that means they’re ok with it, and can’t do anything in the future”
What the fuck
Send their legal team an email telling them you’re going to update the terms unless you hear from them.
Also, send a bunch of irrelevant shit about what your doing and thinking about and video games you’re playing first, they’ll probably block your email address and then wont see the legally important email.
The class actions I’ve been part of have said that if I want to retain the right to sue then I have to opt out of the class action. I don’t think it’s possible to be force-opted in, and in that case you should retain the ability to sue.
I’ve only been in 3 or 4 though, so I don’t know if that’s representative of all class actions.
Right, but you have to be in the class to do that. If they didn’t notify you because they don’t think you were in the class, then that shouldn’t reduce you legal options. And if they do think you’re in the class and don’t notify you or send you the settlement, that’s just straight malicious.
Technically a contract can have anything in it that both parties agree to, unless some are all of those provisions are actively illegal. I would agree that assumed agreement should be illegal. You could probably fight this in court, make the argument that this is a material change to the contract what you did not agree to and would not have agreed to had you been aware of it. But that costs money and lawyers and time.
“They lost my genome” is certainly a 2023 phrase.
If anyone wants my genetic information just come to my door and I’ll supply it to you directly 😏
Saw this in my inbox and totally thought it was for this comment lol
I feel like the TOS you are subject to is the one you signed when you first used the service. Unless you have been constantly using their service, I can’t see how a new TOS would affect you. I could be WAAY off here because IANAL, but a company can’t just retroactively change the TOS for customers without some kind of action taken by the customers under the new TOS.
I once successfully defended myself from a lawsuit by invoking a previous TOS. The court allowed me to choose any version of the TOS that benefited me the most. It was akin the doctrine in contract law that ambiguity is always found to be detrimental to the drafter of the contract.
Contracts are way less enforceable in courts then the writers would hope. Basically the enforceable parts are payment and performance and anything directly related to that. Once you start adding clauses that are outside of that realm they become more and more of a waste of ink.
the doctrine in contract law that ambiguity is always found to be detrimental to the drafter of the contract.
Anywhere to read more about this?
I just LOVE that the standard acronym for a lack of legal license sounds like an Isaac Asimov porn parody 😆
Even that’s rather iffy too. If it’s been made so long that a reasonable person cannot be expected to read or understand it, it likely won’t hold up.
Of the courts decide to say, fuck it then it won’t hold up.
If this goes to a class action suit, I expect the judge to not let this change of TOS affect who is covered under the class action suit.
This is just a way to make the customer THINK they can’t sue.
