Certain 23andMe Membership Renewal Emails Violate Florida Debt Collection Law, Class Action Alleges

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A proposed class action lawsuit alleges some of 23andMe’s membership auto-renewal reminder emails have violated a Florida debt collection law. 

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The eight-page lawsuit was filed by a Florida resident who claims to have received emails from 23andMe at approximately 2:30 a.m. on July 28 and August 20, 2023 in connection with the upcoming auto-renewal of their membership and corresponding $29 renewal fee. 

The plaintiff alleges that the emails violated Florida’s Consumer Collection Practices Act (FCCPA), which prohibits entities from communicating with a “debtor” between the hours of 9 p.m. and 8 a.m. in the consumer’s time zone without prior consent.

According to the case, 23andMe did not have the plaintiff’s permission to contact them between these hours, as required by the FCCPA.

The lawsuit looks to represent any Florida residents who received an email from 23andMe, or an agent acting on its behalf, between 9 p.m. and 8 a.m. in connection with the collection of a consumer debt. 

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