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FTC, Utah, and California Sue Hims & Hers Over Health Data and Billing Practices

Published
Score
25

Why it matters

The FTC, joined by Utah and California, sued telehealth company Hims & Hers Health, Inc. on July 29, 2026, in U.S. District Court for the Northern District of California. The complaint alleges that Hims shared consumers' sensitive health information with third-party ad platforms including Meta and Snap despite privacy commitments, and that it charged customers for prescriptions immediately after intake forms were completed—before any provider consultation occurred. The agencies also claim Hims misled customers about billing, subscriptions, and cancellation procedures. The FTC alleges violations of the FTC Act and the Restore Online Shoppers' Confidence Act (ROSCA), while Utah and California assert violations of state consumer protection and false-advertising statutes.

The complaint follows a nearly three-year FTC investigation. Hims has rejected the allegations, stating the agency ignored evidence it provided and pledging vigorous defense. The specific scope of data sharing and the full extent of billing practices alleged remain subject to discovery.

Attorneys should monitor this case closely. It targets a major direct-to-consumer prescription brand on two heavily scrutinized issues—health-data privacy and subscription billing—and seeks injunctive relief, monetary damages, and civil penalties. The naming of major ad-tech platforms signals potential downstream regulatory pressure on data brokers and advertising networks handling health information. For companies in telehealth, DTC pharmaceuticals, or subscription services, the complaint provides a roadmap of FTC enforcement priorities around consumer disclosures and data-sharing practices.

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