Ancestry.com Loses Arbitration Bid Over Improper Use of Images

Ancestry.com can’t force plaintiffs in a proposed class action alleging it misappropriated their images and likenesses to pursue their claims before an arbitrator, a federal court ruled.

John Braundmeier and Kevin Wallace alleged that Ancestry.com used their images and likenesses without their consent to advertise and solicit the purchase of Ancestry.com products, in violation of the Illinois right to publicity and the common law protection against unjust enrichment.

Ancestry.com argued the plaintiffs, who never had Ancestry.com accounts, had implicitly agreed to allow their attorney to enter into arbitration agreements on their behalf, but Judge Virginia M. Kendall of the US ...