Case 3:20-cv-08437 Document 1 Filed 11/30/20 Page 1 of 33
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`Michael F. Ram (SBN 104805)
`mram@forthepeople.com
`Marie N. Appel (SBN 187483)
`mappel@forthepeople.com
`MORGAN & MORGAN
`COMPLEX LITIGATION GROUP
`711 Van Ness Avenue, Suite 500
`San Francisco, CA 94102
`Telephone: (415) 358-6913
`Facsimile: (415) 358-6293
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`Benjamin R. Osborn (Pro Hac Vice application pending)
`102 Bergen St.
`Brooklyn, NY 11201
`Telephone: (347) 645-0464
`Email: ben@benosbornlaw.com
`Attorneys for Plaintiffs
`and the Proposed Class
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`Plaintiffs,
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`THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`MEREDITH CALLAHAN and LAWRENCE
`Case No. 3:20-cv-8437
`GEOFFREY ABRAHAM, on behalf of
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`themselves and all others similarly situated,
`CLASS ACTION COMPLAINT FOR
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`VIOLATION OF CAL. CIV. CODE § 3344,
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`AND CAL. BUS. & PROF. CODE § 17200,
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`INTRUSION UPON SECLUSION, UNJUST
`v.
`ENRICHMENT
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`ANCESTRY.COM OPERATIONS INC., a
`CLASS ACTION
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`Virginia Corporation; ANCESTRY.COM, INC.,
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`a Delaware Corporation; ANCESTRY.COM
`JURY TRIAL DEMANDED
`LLC, a Delaware Limited Liability Company;
`and DOES 1 through 50, inclusive,
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`Defendants.
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`Case 3:20-cv-08437 Document 1 Filed 11/30/20 Page 2 of 33
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`1.
`Plaintiffs MEREDITH CALLAHAN and LAWRENCE GEOFFREY
`ABRAHAM, by and through their attorneys, make the following allegations on information
`and belief, except as to factual allegations pertaining to Plaintiffs, which are based on personal
`knowledge.
`
`INTRODUCTION
`2.
`Plaintiffs bring this class action complaint against ANCESTRY.COM
`OPERATIONS, INC.; ANCESTRY.COM, INC; ANCESTRY.COM LLC; and DOES 1
`through 50 (collectively, “Ancestry”) for knowingly misappropriating the photographs,
`likenesses, names, and identities of Plaintiffs and the class; knowingly using those photographs,
`likenesses, names, and identities for the commercial purpose of selling access to them in
`Ancestry products and services; and knowingly using those photographs, likenesses, names,
`and identities to advertise, sell, and solicit purchases of Ancestry services and products; without
`obtaining prior consent from Plaintiffs and the class.
`3.
`Ancestry’s business model relies on amassing huge databases of personal
`information, including names, photographs, addresses, places of birth, estimated ages, schools
`attended, and other biological information, then selling access to that information for
`subscription fees. Ancestry’s databases comprise billions of records belonging to hundreds of
`millions of Americans. The main subject of this lawsuit is Ancestry’s database, entitled “U.S.,
`School Yearbooks, 1900-1999” (“Ancestry Yearbook Database”), which includes the names,
`photographs, cities of residence, and schools attended of many millions of Americans.
`According to the Ancestry website, the Ancestry Yearbook Database includes over 60 million
`individual records from California schools and universities.
`4.
`Ancestry has not received consent from, given notice to, or provided
`compensation to tens of millions of Californians whose names, photographs, biographical
`information, and identities appear in its Ancestry Yearbook Database.
`5.
`The names, photographs, cities of residence, schools attended, estimated ages,
`likenesses, and identities contained in the Ancestry Yearbook Database uniquely identify
`specific individuals.
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`Case 3:20-cv-08437 Document 1 Filed 11/30/20 Page 3 of 33
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`6.
`Ancestry knowingly uses the names, photographs, cities of residence, schools
`attended, estimated ages, likenesses, and identities in its Ancestry Yearbook Database on and in
`its products and services. Ancestry sells access to those records to paying subscribers. In
`exchange for subscription payments ranging from $24.99 to $49.99 per month, depending on
`the plan, Ancestry subscribers receive the ability to search, view, and download records in
`Ancestry databases, including the names, photographs, cities of residence, schools attended,
`estimated ages, likenesses, and identities Ancestry has amassed in its Ancestry Yearbook
`Database without consent.
`7.
`Ancestry knowingly uses the names, photographs, cities of residence, schools
`attended, estimated ages, likenesses, and identities in its Ancestry Yearbook Database to
`advertise, sell, and solicit the purchase of its monthly subscription products and services,
`including its “U.S. Discovery,” “World Explorer,” and “All Access” subscription plans.
`8.
`Ancestry advertises and promotes its products and services to new subscribers
`by offering a 14-day promotional “free trial” that provides temporary access to search, view,
`and download records from Ancestry’s databases. Users who sign up for the promotional “free
`trial” provide payment information but are not billed until the promotional “free trial” expires
`and may cancel before the trial expires without charge. During the promotional “free trial,”
`users are encouraged to search Ancestry Databases, including its Yearbook Database, for the
`names of any people they may know or be curious about. In response to searches of the
`Ancestry Yearbook Database, users receive a list records, each of which corresponds to a
`specific identifiable person, and includes the individual’s name, yearbook photo, estimated age,
`city of residence, school attended, and year of attendance. “Free trial” users may view and
`download full-resolution versions of yearbook photos of the individuals they have searched.
`9.
`The sole purpose of offering the promotional “free trial” is to induce users to
`subscribe to its paid product and service. By providing access to and encouraging use of its
`Ancestry Yearbook Database as part of its promotional “free trial”, Ancestry is knowingly
`using the names, photographs, and likenesses of Plaintiffs and the class to advertise, sell, and
`solicit the purchase of its subscription products and services.
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`Case 3:20-cv-08437 Document 1 Filed 11/30/20 Page 4 of 33
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`10.
`Ancestry also advertises is monthly subscription products and services by
`providing a promotional limited-access version of its website. Any visitor to the Ancestry
`website may access the promotional limited-access version, even if they have not provided
`contact information or signed up for the promotional “free trial.” Users on the promotional
`limited-access version are encouraged to search Ancestry Databases, including its Yearbook
`Database, for the names of any people they may know or be curious about. In response to
`searches of the Ancestry Yearbook Database, users receive a list records, each of which
`corresponds to a specific identifiable person, and includes the individual’s name, city of
`residence, and a low-resolution version of a yearbook photo. Users of the promotional limited-
`access version of the website may view the low-resolution photo, allowing them to confirm the
`record corresponds to the person they are searching for. Users cannot view the full-resolution
`version of the photograph or view additional information about the person such as estimated
`age, name of school, and yearbook year. If users click to view this information, they are
`encouraged to “sign up now” for a paid subscription.
`11.
`The sole purpose of offering the promotional limited-access version of the
`website is to induce users to subscribe to its paid product and service. By providing access to
`and encouraging use of its Ancestry Yearbook Database as part of its promotional limited-
`access website for non-subscribers, Ancestry is knowingly using the names, photographs, and
`likenesses of Plaintiffs and the class to advertise, sell, and solicit the purchase of its
`subscription products and services.
`12.
`Ancestry also advertises using targeted promotional email messages that include
`names, photographs, images, likenesses, and other personal information it has amassed in its
`databases. These targeted promotional email messages are intended to entice potential
`customers to purchase a paid subscription, and to entice existing customers to upgrade to more
`expensive plans. For example, in one of its more ghoulish advertising techniques, Ancestry
`sends to potential subscribers’ photographs of the gravesites of their deceased relatives,
`promising that a paid subscription will reveal even more information about the deceased. On
`information and belief, Ancestry also sends to potential subscribers’ messages containing
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`names, photographs, images, biographical information, and likenesses from its Yearbook
`Database, including the names, photographs, images, biographical information, and likenesses
`of Plaintiffs and the class.
`13.
`Ancestry appropriated and continues to grow its massive databases of personal
`information, including its Ancestry Yearbook Database, which contains the names,
`photographs, cities of residence, schools attended, estimated ages, likenesses, and identities of
`tens of millions of Californians. Ancestry uses these records both as the core element of its
`products and services, and to sell and advertise its products and services, without providing any
`notice to the human beings who are its subjects. Ancestry did not ask the consent of the people
`whose personal information and photographs it profits from. Nor has it offered them any
`compensation for the ongoing use of their names, photographs, likenesses, and identities as part
`of its products and services, and to sell and advertise its products and services.
`14.
`These practices, as further detailed in this complaint, violate the California right
`to publicity as codified in Cal. Civ. Code § 3344; the California Unfair Competition Law, Cal.
`Bus. & Prof. Code § 17200 et seq.; California’s common law right protecting against Intrusion
`upon Seclusion; and California Unjust Enrichment law.
`JURISDICTION AND VENUE
`15.
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(d) (the
`Class Action Fairness Act (“CAFA”)), because: (A) all members of the putative class are
`citizens of a state different from any defendant. According to available public records, while
`defendants maintain an office in San Francisco, California, Defendants are all incorporated in
`either Delaware or Virginia, and are headquartered in Utah. The class members are residents of
`California. (B) The proposed class consists of at least 100 members. Ancestry advertises that its
`Ancestry Yearbook Database comprises about 730 million individual records collected from
`“more than 450,000 yearbooks and more than 62 million pages.” A search of the database for
`records located in “California, USA” returns in excess of 60 million individual records. Even
`accounting for the fact that some individuals may appear in multiple records, that some are
`deceased or no longer live in California while others have moved into the state, and that the
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`class excludes current Ancestry subscribers, the class likely comprises millions of Californians.
`And (C) the amount in controversy exceeds $5,000,000 exclusive of interest and costs. Cal.
`Civ. Code § 3344 provides for damages equal to the greater of $750 per violation, the actual
`damages suffered by Plaintiffs, or the profits earned by Defendants attributable to the
`unauthorized use. Given more than 60 million individual records in California, the amount in
`controversy is well over the jurisdictional amount.
`16.
`This Court has personal jurisdiction over the claims of Plaintiffs and the non-
`named class members. Upon information and belief, many of Ancestry’s actions giving rise to
`the claims in this complaint took place in this District. Ancestry maintains its second-largest
`office in San Francisco, California. According to publicly available information, the San
`Francisco office employs about 400 people, including software engineers, product designers,
`managers, and other staff. On information and belief, staff at Ancestry’s San Francisco office
`contributed to the strategy, design, creation, and maintenance of the products giving rise to this
`suit. Ancestry also maintains substantial connections to the state of California and this district
`by, among other things, advertising its subscription products and services to prospective
`customers in this state and district, providing its subscription products and services to existing
`customers in this state and district, and using the misappropriated names, photographs,
`likenesses, images, and identities of residents of this state and district as described in this
`complaint.
`17.
`Venue is appropriate pursuant to 28 U.S.C. § 1391(b). A substantial portion of
`the events and conduct giving rise to the violations alleged in this complaint occurred in this
`district. Defendant maintains an office in this District at 153 Townsend Street, San Francisco,
`California, from which it conducts the operations that gave rise to this cause of action. A
`substantial portion of the class members reside in this state and district. Named Plaintiff
`Lawrence Geoffrey Abraham resides in this district.
`INTRADISTRICT VENUE
`18.
`Venue in this Division of the Northern District is proper because a substantial
`part of the events or omissions which give rise to the claim occurred in San Francisco County
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`and Defendant’s second-largest office is located in this County. Plaintiff Lawrence Geoffrey
`Abraham lives in San Francisco.
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`PARTIES
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`Defendant Ancestry
`19.
`Defendant ANCESTRY.COM OPERATIONS, INC. is a Virginia corporation
`with its headquarters in Lehi, Utah. It conducts business under the brand names
`“Ancestry.com,” “Ancestry,” and other brand names associated with the various website and
`services it owns and operates. Ancestry is registered to do business in California and maintains
`an office at 153 Townsend Street in San Francisco, California with roughly 400 employees. It
`conducts business throughout this district, California, and the United States. Ancestry owns and
`operates the website Ancestry.com.
`20.
`Defendant ANCESTRY.COM, INC. is a Delaware corporation with its
`headquarters in Lehi, Utah. Defendant ANCESTRY.COM LLC is a Delaware limited liability
`company with its headquarters in Lehi, Utah.
`21.
`There are many related entities associated with the Ancestry.com website.
`Plaintiffs are ignorant of which additional related entities were involved in the wrongdoing
`alleged herein. Plaintiffs therefore sues these Doe Defendants by fictitious names. Plaintiffs
`will amend this Complaint to allege the true names and capacities of these fictitiously named
`Doe Defendants when they are ascertained. Each of the fictitiously named Doe Defendants is
`responsible for the conduct alleged in this Complaint and Plaintiffs’ damages were actually and
`proximately caused by the conduct of the fictitiously named Doe Defendants.
`Plaintiff Lawrence Geoffrey Abraham
`22.
`Plaintiff Lawrence Geoffrey Abraham is a resident of San Francisco, California.
`Mr. Abraham is not a subscriber of any Ancestry products or services and is not subject to any
`Terms of Service or any other agreement with Ancestry.
`23. Mr. Abraham has never provided consent to Ancestry, written or otherwise, for
`the use of his name, photograph, or likeness.
`24.
`Ancestry has never notified, requested consent, or provided compensation to Mr.
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`Abraham for its appropriation of his name, photograph, and likeness. Mr. Abraham first
`became aware that his personal information and photographs are being used by Ancestry
`through the investigation of this lawsuit.
`25.
`Ancestry has and continues to knowingly use Mr. Abraham’s name, photograph,
`and likeness in its products, including its “U.S. Discovery,” “World Explorer,” and “All
`Access” paid subscription plans without his permission. Subscribers who pay monthly
`subscriptions fees of between $24.99 and $49.99 per month, depending on the plan, receive in
`exchange the ability to search for, view, and download records in Ancestry’s Yearbook
`Database. This database includes three separate records corresponding to Mr. Abraham: two
`from a 1999 yearbook from Albuquerque Academy in Albuquerque, New Mexico, where Mr.
`Abraham attended school; and one from a 1998 yearbook from the same school. Paying
`subscribers may search for Mr. Abraham and view and download the three records containing
`his name, photograph, and likeness.
`26.
`Ancestry has and continues to knowingly use Mr. Abraham’s name, photograph,
`and likeness for the purpose of advertising, selling, and soliciting the purchase of its
`subscription services and products, including its “U.S. Discovery,” “World Explorer,” and “All
`Access” paid subscription plans, by using Mr. Abraham’s name, photograph, and likeness in its
`14-day promotional “free trial”. Users of the promotional “free trial” may search for, download,
`and view records in Ancestry’s Yearbook Database. “Free trial” users receive access to the
`same three records corresponding to Mr. Abraham that are available to paying users.
`Ancestry’s sole purpose in using Mr. Abraham’s name, photograph, and likeness in the
`promotional “free trial” version of its website is to advertise, sell, and solicit the purchase of
`paid subscription plans.
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`27.
`A screenshot showing the results of a search for Mr. Abraham’s name on
`Ancestry.com is shown below, followed by three screenshots showing the more detailed
`version of each record that is delivered if the user clicks the “View Record” link corresponding
`to each record in the list. These pages are accessible both to paying subscribers and to users of
`Ancestry’s promotional 14-day “free trial.”
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`28.
`The three records corresponding to Mr. Abraham uniquely identify Mr.
`Abraham. All three plainly and conspicuously display Mr. Abraham’s name, image,
`photograph, estimated age, school, city of residence, and the date of the yearbook in which the
`photo appears. In two of the records Mr. Abraham’s face is the sole subject of the photograph.
`One of the records identifies school participation in the school track team.
`29.
`Ancestry has and continues to knowingly use Mr. Abraham’s name, photograph,
`and likeness for the purpose of advertising, selling, and soliciting the purchase of its
`subscription services and products, including its “U.S. Discovery,” “World Explorer,” and “All
`Access” paid subscription plans, by using Mr. Abraham’s name, photograph, and likeness in
`the promotional limited-access version of its website. Any visitor to the Ancestry website may
`access the promotional limited-access version, even if they have not provided contact
`information or signed up for the promotional “free trial.” Users of the promotional limited-
`access version of the website may search for records in Ancestry’s Yearbook and may view a
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`limited portion of the information in those records, including the name, city of residence, and a
`low-resolution version of the photograph corresponding to each record. Users of the
`promotional limited-access version of the Ancestry website receive access to a limited version
`of same three records corresponding to Mr. Abraham that are available to paying users.
`30.
`Ancestry’s sole purpose in using Mr. Abraham’s name, photograph, and likeness
`in the promotional limited-access version of its website is to advertise, sell, and solicit the
`purchase of paid subscription plans. Users who search for Mr. Abraham’s name are shown a
`limited version of the records corresponding to Mr. Abraham, which includes Mr. Abraham’s
`name, city of residence, and a low-resolution version of Mr. Abraham’s photograph. Users
`who hover over the “View Record” link corresponding to each record receive a promotional
`pop-up advertisement from Ancestry displaying Mr. Abraham’s name, a low-resolution version
`of his photograph, and a message indicating “There’s more to see” and promising the user
`access to Mr. Abraham’s estimated age, birth year, school, yearbook date, school location, and
`a full-resolution of Mr. Abraham’s photograph if they “Sign Up Now” for a paid subscription.
`31.
`A screenshot showing the results of a search for Mr. Abraham’s name on the
`promotional limited-access version of the Ancestry website is shown below, followed by three
`screenshots showing the promotional pop-up advertisement Ancestry delivers to users who
`hover over the “View Record” link corresponding to each record.
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`Case 3:20-cv-08437 Document 1 Filed 11/30/20 Page 15 of 33
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`32.
`On information and belief, Ancestry has and continues to knowingly use Mr.
`Abraham’s name, photograph, and likeness for the purpose of advertising, selling, and
`soliciting the purchase of its subscription services and products, including its “U.S. Discovery,”
`“World Explorer,” and “All Access” paid subscription plans, by using Mr. Abraham’s name,
`photograph, and likeness in targeted promotional email messages. Ancestry regularly sends
`promotional email messages that are intended to entice potential customers to purchase a paid
`subscription, and to entice existing customers to upgrade to more expensive plans. These email
`promotions often include the names, photographs, and likenesses of people Ancestry believes
`may be related to the recipient and encourage the recipient to sign up or upgrade their
`subscription plan to learn more about the relative. Upon information and belief, Ancestry has
`and continues to send targeted promotional email messages including Mr. Abraham’s name,
`photograph, and likeness.
`Plaintiff Meredith Callahan
`33.
`Plaintiff Meredith Callahan (née Whipple) is a resident of the city of Del Mar in
`San Diego County, California. Ms. Callahan is not a subscriber of any Ancestry products or
`services, and is not subject to a Terms of Service or any other agreement with Ancestry.
`34. Ms. Callahan has never provided consent to Ancestry, written or otherwise, for
`the use of her name, photograph, or likeness.
`35.
`Ancestry has never notified, requested consent, or provided compensation to
`Ms. Callahan for its use of her name, photograph, and likeness. Ms. Callahan first became
`aware that her personal information and photographs are being used by Ancestry through the
`investigation of this lawsuit.
`36. Ms. Callahan is a published author and runs a coaching and consulting business.
`The image she presents online contributes to her book sales and forms a significant part of the
`brand and value of her business. She has a professional interest in maintaining her image and
`exerting control over how her name and image is used.
`37.
`Ancestry has and continues to knowingly use Ms. Callahan’s name, photograph,
`and likeness in its products, including its “U.S. Discovery,” “World Explorer,” and “All
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`Case 3:20-cv-08437 Document 1 Filed 11/30/20 Page 16 of 33
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`Access” paid subscription plans. Subscribers who pay monthly subscriptions fees of between
`$24.99 and $49.99 per month, depending on the plan, receive in exchange the ability to search
`for, view, and download records in Ancestry’s Yearbook Database. This database includes
`twenty-six separate records corresponding to Ms. Callahan, all of which are copied from
`yearbooks between the years of 1996 and 1999 for Northern High School in Port Huron,
`Michigan, where Ms. Callahan attended school. Paying subscribers may search for Ms.
`Callahan and view and download the twenty-six records containing her name, photograph, and
`likeness.
`38.
`Ancestry has and continues to knowingly use Ms. Callahan’s name, photograph,
`and likeness for the purpose of advertising, selling, and soliciting the purchase of its
`subscription services and products, including its “U.S. Discovery,” “World Explorer,” and “All
`Access” paid subscription plans, by using Ms. Callahan’s name, photograph, and likeness in its
`14-day promotional “free trial.” Users of the promotional “free trial” may search for, download,
`and view records in Ancestry’s Yearbook Database. “Free trial” users receive access to the
`same twenty-six records corresponding to Ms. Callahan that are available to paying users.
`Ancestry’s sole purpose in using Ms. Callahan’s name, photograph, and likeness in the
`promotional “free trial” version of its website is to advertise, sell, and solicit the purchase of
`paid subscription plans.
`39.
`A screenshot showing the first five of twenty-six results of a search for Ms.
`Callahan’s name on Ancestry.com is shown below, followed by three screenshots depicting a
`representative sample of the more detailed versions that are delivered if the user clicks the
`“View Record” link corresponding to each of the twenty-six records in the list. These pages are
`accessible both to paying subscribers and to users of Ancestry’s promotional 14-day “free
`trial.”
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`Case 3:20-cv-08437 Document 1 Filed 11/30/20 Page 17 of 33
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`Case 3:20-cv-08437 Document 1 Filed 11/30/20 Page 19 of 33
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`40.
`The twenty-six records corresponding to Ms. Callahan uniquely identify Ms.
`Callahan. All plainly and conspicuously display Ms. Callahan’s name, image, photograph,
`estimated age, school, city of residence, and the date of the yearbook in which the photo
`appears. In four of the records Ms. Callahan’s face is the sole subject of the photograph. In all
`twenty-six records she is clearly identifiable by name and image. Various of the records
`identify Ms. Callahan’s school participation in student council, cross country running, track,
`“Students Against Drunk Driving, “Quiz Bowl,” the National Honors Society, and ski club.
`One record identifies her as a valedictorian of her senior class.
`41.
`Ancestry has and continues to knowingly use Ms. Callahan’s name, photograph,
`and likeness for the purpose of advertising, selling, and soliciting the purchase of its
`subscription services and products, including its “U.S. Discovery,” “World Explorer,” and “All
`Access” paid subscription plans, by using Ms. Callahan’s name, photograph, and likeness in the
`promotional limited-access version of its website. Any visitor to the Ancestry website may
`access the promotional limited-access version, even if they have not provided contact
`information or signed up for the promotional “free trial.” Users of the promotional limited-
`access version of the website may search for records in Ancestry’s Yearbook and may view a
`limited portion of the information in those records, including the name, city of residence, and a
`low-resolution version of the photograph corresponding to each record. Users of the
`promotional limited-access version of the Ancestry website receive access to a limited version
`of same twenty-six records corresponding to Ms. Callahan that are available to paying users.
`42.
`Ancestry’s sole purpose in using Ms. Callahan’s name, photograph, and likeness
`in the promotional limited-access version of its website is to advertise, sell, and solicit the
`purchase of paid subscription plans. Users who search for Ms. Callahan’s name are shown a
`limited version of the records corresponding to Ms. Callahan, which includes Ms. Callahan’s
`name, city of residence, and a low-resolution version of Ms. Callahan’s photograph. Users who
`hover over the “View Record” link corresponding to each record receive a promotional pop-up
`advertisement from Ancestry displaying Ms. Callahan’s name, a low-resolution version of her
`photograph, and a message indicating “There’s more to see” and promising the user access to
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`Case 3:20-cv-08437 Document 1 Filed 11/30/20 Page 20 of 33
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`Ms. Callahan’s estimated age, birth year, school, yearbook date, school location, and a full-
`resolution of Ms. Callahan’s photograph if they “Sign Up Now” for a paid subscription.
`43.
`A screenshot showing the first eleven of twenty-six results of a search for Ms.
`Callahan’s name on the promotion limited-access version of the Ancestry website is shown
`below, followed by three screenshots depicting a representative sample of the promotional pop-
`up advertisement Ancestry delivers to users who hover over the “View Record” link
`corresponding to each record.
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`Case 3:20-cv-08437 Document 1 Filed 11/30/20 Page 21 of 33
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`Case 3:20-cv-08437 Document 1 Filed 11/30/20 Page 22 of 33
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`44.
`On information and belief, Ancestry has and continues to knowingly use Ms.
`Callahan’s name, photograph, and likeness for the purpose of advertising, selling, and soliciting
`the purchase of its subscription services and products, including its “U.S. Discovery,” “World
`Explorer,” and “All Access” paid subscription plans, by using Ms. Callahan’s name,
`photograph, and likeness in targeted promotional email messages. Ancestry regularly sends
`promotional email messages that are intended to entice potential customers to purchase a paid
`subscription, and to entice existing customers to upgrade to more expensive plans. These email
`promotions often include the names, photographs, and likenesses of people Ancestry believes
`may be related to the recipient and encourage the recipient to sign up or upgrade their
`subscription plan to learn more about the relative.