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
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.