Genetic Testing Co. Can't Limit Damages In Privacy Suit

Law360 (June 24, 2019, 9:40 PM EDT) -- An Alaska federal judge has declined to limit a consumer’s potential damages to $5,000 in litigation accusing Gene by Gene Ltd. of sharing customers’ results without their permission, saying there’s sufficient evidence that the DNA testing company profited from the disclosures.

U.S. District Judge Sharon L. Gleason rejected Gene by Gene’s partial summary judgment bid Thursday, concluding that customer Michael Cole demonstrated a “substantial link” between the company’s release of consumer information to online groups and its profits.

“Mr. Cole’s information was released by a group administrator who was participating in the ‘organic viral marketing’ that, by Gene by Gene’s own...

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