Following a major security breach that saw millions of users’ genetic information compromised, 23andMe has updated its terms of service to make it harder to sue. Users have been receiving emails forcing them to opt out of new arbitration rules:
Please notify us within 30 days of receiving this email if you do not agree to the terms, in which case you will remain subject to the current Terms of Service. If you do not notify us within 30 days, you will be deemed to have agreed to the new terms.
So, question: they’re obviously doing this to try to avoid being sued for the data breach. But they ToS aren’t retroactive, right? So someone could agree to arbitration but still sue them?
That’s my understanding, but people are ignorant and will comply more often than not.