Attorney General Ellison issues updated consumer alert about 23andMe bankruptcy, data deletion

Consumers have until July 14 to file claim in bankruptcy; deadline extended after AGs’ advocacy

June 12, 2025 (SAINT PAUL) — Minnesota Attorney General Keith Ellison is issuing an updated consumer alert to inform Minnesotans about important new information involving the bankruptcy of genetic data company, 23andMe. This alert follows a previous consumer alert about 23andMe that Attorney General Ellison issued on March 26.

As part of its bankruptcy proceedings, 23andMe filed a motion requesting the court to appoint a customer data representative to assist the court with managing consumer genetic data. However, after a coalition of attorneys general, including Attorney General Ellison, raised concerns with this proposal at a hearing on April 29, 2025, 23andMe agreed to modify its request and entered an agreement with the states that a consumer privacy ombudsman should assist the court with overseeing consumer data and privacy concerns. Subsequently, the court appointed Professor Neil M. Richards, a leading privacy law scholar, to serve as the consumer privacy ombudsman.

The States also disagreed with 23andMe’s initial proposed deadline for consumers to file a claim in bankruptcy. As a result of the advocacy of Attorney General Ellison and other state attorneys general, 23andMe agreed to a longer claim period allowing consumers to file a claim in the bankruptcy by July 14, 2025.

What Minnesota consumers need to know:

1. Should I file a claim? 
While the Attorney General’s Office cannot provide you with legal advice, 23andMe has acknowledged that customers who suffered monetary damages or any non-monetary harms from the data breach that was discovered in October 2023 have the right to file a “Cyber Security Incident Claim.” Moreover, customers who believe they are owed money from 23andMe (apart from this data breach) also have the right to file a claim.  More information is available on an FAQ page on 23andMe’s website for customers https://customercare.23andme.com/hc/en-us/articles/31884991159319-Questions-Related-To-23andMe-s-Bar-Notice.

2. What is my deadline to file a claim?  
The deadline to submit a claim in 23andMe’s bankruptcy is July 14, 2025, by 11:59 pm CST if the claim is submitted electronically or by 4:59 pm CST if the claim is submitted in hardcopy by U.S. mail.

3. How do I file a claim in 23andMe’s bankruptcy?
23andMe has established a website provided by the claim administrator, Kroll, to provide information to the public on how to file a claim and to inform consumers about other important information concerning the bankruptcy.  Consumers can file a claim by following the instructions provided on the Kroll website located at: https://restructuring.ra.kroll.com/23andMe/EPOC-Index.

 Minnesota consumers may also delete their genetic data:

  1. Log in to their 23andMe account.
  2. Go to “Settings”
  3. Scroll to “23andMe Data” and click “View.”
  4. Download data if desired
  5. Scroll to “Delete Data” and click “Permanently Delete Data.”
  6. Confirm via the email instructions sent by 23andMe.

More details on account deletion are available at: 23andMe Account Closure Help.