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.
We need laws addressing shit like “if you don’t say no in 30 days, we’ll take it as a yes”…
If someone do not answer, then what ? Like it could be wrong to assume a "yes" it could be wrong to assume a "no". The assumption is that those that had something against, which they hope will be the minority, will answer while the others don't care.
Then they are still subject to the terms they actively agreed to... It's not like there's no agreement if you don't get a reply... There was an agreement before you asked for new terms, there's an agreement still.
If someone does not agree to the new terms, they did not agree to the new terms.
I can't send you a new set of terms for reading my comments and just assume you forfeit your firstborn child to me if you don't answer within 10 minutes.
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?