In re 23andMe Holding Co.: court declines the ombudsman's opt-in consent condition (June 27, 2025) (In re 23andMe Holding Co., et al., No. 25-40976-357 (Bankr. E.D. Mo.), Memorandum Opinion, ECF No. 908 (June 27, 2025))
An ombudsman's recommendations are advice, not conditions: where the buyer keeps the same business, staff and policies, the court did not require customer opt-in, partly because it would have put the deal at risk.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“The Ombudsman has recommended that I require the Debtors to obtain opt-in consent to the proposed transaction even if I conclude that it is not required by the law. ... I agree that either of these requirements would provide robust protections for consumers. ... First, the effect of the proposed transaction on consumer privacy is not so significant as to justify court intervention. As discussed above, after the closing, customers will deal with the same business, the same employees, familiar leaders, and the same privacy policies (plus some additional privacy protections).”
Where it was read
Also read from the same source
- In re 23andMe Holding Co.: memorandum opinion approving the sale to TTAM Research Institute (June 27, 2025) (In re 23andMe Holding Co., et al., No. 25-40976-357 (Bankr. E.D. Mo.), Memorandum Opinion, ECF No. 908 (June 27, 2025))
- In re 23andMe Holding Co.: section 363(b)(1) does not let a debtor ignore state data-transfer laws (June 27, 2025) (In re 23andMe Holding Co., et al., No. 25-40976-357 (Bankr. E.D. Mo.), Memorandum Opinion, ECF No. 908 (June 27, 2025))
- In re 23andMe Holding Co.: which privacy policy counts under section 363(b)(1) (June 27, 2025) (In re 23andMe Holding Co., et al., No. 25-40976-357 (Bankr. E.D. Mo.), Memorandum Opinion, ECF No. 908 (June 27, 2025))
- In re 23andMe Holding Co.: buyer keeps the privacy policy, deletion rights and customer notice (June 27, 2025) (In re 23andMe Holding Co., et al., No. 25-40976-357 (Bankr. E.D. Mo.), Memorandum Opinion, ECF No. 908 (June 27, 2025))
- In re 23andMe Holding Co.: memorandum opinion approving the sale (objecting states) (In re 23andMe Holding Co., et al., No. 25-40976-357 (Bankr. E.D. Mo.), Memorandum Opinion, ECF No. 908 (June 27, 2025))
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