The Seventh Circuit concluded that children whose parents had activated DNA test kits for them on Ancestry.com were not bound to Ancestry’s arbitration agreement, concluding the parents had not signed an agreement on behalf of the children.

Parents who activated DNA test kits on Ancestry.com for their children filed suit after another business acquired Ancestry, contending Ancestry violated their privacy rights by disclosing confidential genetic information. Ancestry moved to compel arbitration, arguing the DNA processing consent terms contain a dispute resolution provision which binds the parties to arbitration and waives any class actions.

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