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Consumers who purchased a Personal Genome Service (PGS) from 23andMe might be eligible to claim financial awards because of the preliminary approval of a class action settlement.
The 23andMe class action settlement derived from a class action arbitration submitted to the American Arbitration Association by primary plaintiffs Sarah Diaz and Karen David-Hudson. The lead plaintiffs claimed 23andMe fraudulently advertised their products and services. Claims presented on the 23andMe website include PGS offers “health reports on 254 diseases and conditions” that include cancer, type 2 diabetes, and coronary heart disease. 23andMe promoted PGS at the “first step in prevention” that allow users to “take steps toward mitigating serious diseases.
Diaz and Davis-Hudson asserted 23andMe marketed the PGS as an effective strategy for developing an accurate medical diagnosis, without following legal protocol by asking the United States Food and Drug Administration (FDA) to issue approval for the device used for the PGS. The primary plaintiffs point a warning letter sent to 23andMe by the FDA in November of 2013, which ordered the company to refrain from publishing health information pertaining to the efficacy of the PGS. Refusal to comply with the FDA order prompted the primary plaintiffs to request arbitration to resolve the class action lawsuit. Diaz and Davis-Hudson asserted 23andMe violated numerous California consumer protection statutes.
Class counsel revealed a judge merged several attempts to litigate the primary plaintiff claims into a one class action lawsuit in June of 2014. United States District Court Judge Lucy Koh ruled the lead plaintiffs agreed to arbitrate legal claims against 23andMe when they signed up for an account on the company’s website
What You Need To Know About The 23andMe DNA Testing Kit Class Action Settlement
According to court documents, eligible class members involved in the 23andMe DNA testing kit class action settlement “include all U.S. residents who purchased a PGS between Oct. 16, 2007 and Nov. 22, 2013 for their own personal use.” Eligible class members who want to opt out of the class action settlement must submit a written request by October 20, 2017. Class members who dispute one or more provisions of the class action settlement must submit objections in writing to the American Arbitration Board by October 20, 2017. The potential award is either $12.50 in cash of a $40 certificate. Eligible class members should submit an election form via fax, mail, or email to the claims administrator describing whether they want a cash payment or a certificate.
Qualifying class members have until December 6, 2017 to submit a valid claim form. The judge presiding over the class action settlement case Davis-Hudson and Diaz v. 23andMe Inc., Case No. 74-20-1400-0032, before the American Arbitration Association has scheduled the final hearing on November 15, 2017. Refer to the class action settlement website ww.23andMeSettlement.com to learn what transpired at the final hearing.
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