in order for a ToS to be legally enforcable, the user has to see it. A user cannot give consent on an agreement they did not see, therefor in court it would be 23andMes job to verify that the user was indeed aware of the ToS and acted accordingly. they could not say everyone ops in and defend themselves that way by default because not everyone that was forcibly opted in gave an agreement to the new ToS.
Comment on 23andMe frantically changed its terms of service to prevent hacked customers from suing
be_gt@lemmy.world 6 months agoOlnly if you opt out of the new terms, at least in us
Dudewitbow@lemmy.zip 6 months ago
TWeaK@lemm.ee 6 months ago
Exactly. There’s a world of difference between “You must agree to the terms to continue use of the service”, displaying the new terms before a user can continue, and just saying “If you don’t reply within 30 days we’re changing the terms of the contract without your input”.
WHYAREWEALLCAPS@kbin.social 6 months ago
You can still sue. Whether or not the suit goes through is different story.
lauha@lemmy.one 6 months ago
In much of Europe, at least in EU, ToS cannot take away legal rights.