23andMe’s Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway–Tompkins v. 23andMe
8 12 2014You may recall 23andMe’s legal troubles last Fall, when the FDA launched a big smackdown over selling genetic tests. In the wake of the FDA takedown, the class action lawyers moved in for their cash grab. 23andMe defended with an arbitration clause, but there’s a big problem: 23andMe didn’t display any T&Cs when the consumer purchased its product. So how did 23andMe successfully move this case into arbitration despite its jaw-dropping gaffe? Read on…
Case citation: Tompkins v. 23andMe, Inc., 2014 WL 2903752 (N.D. Cal. June 25, 2014)
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