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23andMe frantically changed its terms of service to prevent hacked customers from suing
(www.engadget.com)
This is a most excellent place for technology news and articles.
Not sure about other states, but in my state you can agree to mandatory arbitration for past incidents as long as they don't do reeeeeally egregious behavior like, eg, slipping a notice into your normal bills and having you "agree" by not objecting within X days.