DNA Testing Firm Wins Bid to Arbitrate Online-Privacy Claims

Genetic-testing kits provider FamilyTreeDNA succeeded in its bid to take consumers’ privacy claims over tracking technology on its website to an arbitrator.

The arbitration clause in the FamilyTreeDNA terms of service was enforceable despite a carveout allowing the company, also known as Gene by Gene Ltd., to seek injunctive or equitable relief in court while preventing plaintiffs from doing the same, Judge Manish S. Shah of the US District Court for the Northern District of Illinois said Tuesday. The carveout was consistent with the general understanding that courts are permitted to grant preliminary injunctive relief pending arbitration when such relief ...