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

Published
Score
21

Why it matters

The FTC, joined by Utah and California, filed a federal complaint in the U.S. District Court for the Northern District of California against Hims & Hers Health, Inc., alleging the telehealth company shared consumers' sensitive health information with third-party advertising platforms including Meta and Snap while publicly promising privacy protection. The complaint also charges that Hims & Hers misled users about billing and cancellation practices. According to the filing, the company disclosed health-related data and customer lists through tracking technologies embedded on its website, charged consumers for prescriptions immediately after intake forms were submitted—before any provider consultation occurred—and deliberately made subscriptions difficult to cancel. The FTC alleges violations of the FTC Act and the Restore Online Shoppers' Confidence Act (ROSCA), while Utah invokes the Utah Consumer Sales Practices Act and California cites its False Advertising and Unfair Competition laws.

The case remains pending. Hims & Hers has disputed the allegations, asserting that the FTC ignored evidence gathered during its nearly three-year investigation and that the lawsuit lacks merit.

Attorneys should monitor this action closely. The case sits at the intersection of three high-stakes areas: consumer privacy in digital health, data-sharing practices with social media platforms, and subscription billing enforcement. The outcome will likely shape how telehealth companies handle sensitive health data, structure their data-sharing agreements with advertisers, and disclose subscription terms and cancellation procedures. The multi-state coordination signals aggressive enforcement momentum on these issues.

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