Nebula Genomics Inc. is stuck facing a proposed privacy class suit challenging its use of online trackers under the Illinois Genetic Information Privacy Act after a federal court denied its motion to dismiss.
Plaintiff Antoinette Portillo can bring her GIPA claim in Massachusetts because the choice of law provision in Nebula’s terms of service, which say disputes are governed by Massachusetts law, governs only the terms of the contract itself and not “contract-adjacent” claims. And she sufficiently alleged her genetic information was transferred to third parties like Microsoft, Google, and Meta Platforms, Judge Brian E. Murphy said for the US ...