Ancestry.com Class Action Says Company Misuses User Photos and Names

Case Overview: A class action lawsuit claims Ancestry.com used names, photographs, and personal details in advertisements without consent, violating privacy laws.

Consumers Affected: Ohio residents who are not subscribers to Ancestry.com but have had their names or photographs used in promotional materials.

Court: U.S. District Court for the Northern District of Ohio

Ancestry.com is facing a class action lawsuit accusing the genealogy company of misusing names, photographs, and personal details to promote its services without consent. Plaintiff Diania Nemcik, a resident of Ohio, filed the complaint in federal court, alleging that Ancestry’s advertising practices violate state and federal laws, including Ohio’s right of publicity statute.

Yearbook Photos and Personal Details Used Without Permission

Nemcik claims Ancestry.com has been using personal details sourced from yearbooks to create advertisements for its paid subscription services. The lawsuit alleges that individuals featured in these promotions, including students and teachers, never authorized the use of their likenesses.

“Ancestry is using the names and photographs of Ohio students and teachers without their consent to advertise paid subscriptions,” Nemcik’s lawsuit states. She alleges that Ancestry’s practices misappropriate private information and give the false impression that those featured in the advertisements are affiliated with the company.

Lawsuit Alleges Ancestry.com Misled Consumers and Violated Privacy Laws

The lawsuit outlines three advertising techniques allegedly used by Ancestry to drive subscriptions:

1. Displaying Low-Resolution Photos: Visitors to Ancestry.com are shown low-quality yearbook images accompanied by promotional messages. These advertisements encourage users to subscribe to access higher-resolution versions and additional personal records.
   
   
2. Emails Featuring Names: Non-subscribers reportedly receive emails highlighting names and photos from Ancestry’s database, urging them to explore associated records by signing up for a subscription.
   
   
3. Two-Week Trial Access: During a free trial, users gain access to detailed personal records, including estimated birth years and graduation dates, which allegedly feature individuals who have not consented to the use of their information.

Nemcik argues these tactics mislead consumers into believing those featured in the advertisements are connected to Ancestry.com or have approved the use of their likenesses.

No Transparency or Opt-Out Option

The lawsuit alleges that Ancestry failed to disclose how it obtained the yearbook images used in its promotions. Furthermore, Nemcik claims the company does not provide a mechanism for individuals to opt out of having their names or photos included in advertisements. She contends this lack of transparency violates the rights of those whose personal information is used without permission.

Ancestry.com Faces Previous Lawsuit Over Data Practices

This is not the first time Ancestry.com has faced allegations regarding its use of personal data. In 2019, the company was accused of failing to obtain informed consent from customers submitting DNA and medical information. That lawsuit alleged Ancestry misled consumers about how their genetic data was being used.

In her Ancestry.com lawsuit, Nemcik seeks to represent a class of Ohio residents who are not subscribers to Ancestry.com but have had their names or photographs used in promotional materials. The lawsuit requests damages, attorney fees, and certification of the proposed class.

Case Details

• Lawsuit: Diania Nemcik v. Ancestry.com
• Case Number: 3:24-cv-00335-WHR-CHG
• Court: U.S. District Court for the Northern District of Ohio

Plaintiffs' Attorneys

• Michael C. Lueder (Hansen Reynolds LLC)
• Benjamin R. Osborn (Law Office of Benjamin Osborn PLLC)
• Samuel J. Strauss and Brittany Resch (Strauss Borrelli PLLC)
• Michael F. Ram and Marie N. Appel (Morgan & Morgan Complex Litigation Group)

Have you seen your name or photo in an Ancestry.com advertisement? Share your experience in the comments below.