Key Takeaways
The FTC, joined by California and Utah, sued Hims and Hers on July 29, alleging the telehealth company shared consumers' sensitive health data with Meta, Snap, and other advertising platforms after promising to keep it private.
The complaint also alleges Hims and Hers charged people for prescriptions almost immediately after an intake form, enrolling them in recurring subscriptions with no real consultation and no clear chance to decline.
The case was filed in federal court in the Northern District of California under the FTC Act and the Restore Online Shoppers' Confidence Act, and a court will decide it.
The Federal Trade Commission, joined by California and Utah, sued the telehealth company Hims and Hers on July 29, alleging it shared consumers' private health information with outside advertising platforms after telling those same consumers their information was kept private.
According to the complaint, Hims shared health information with Meta, Snap, and other companies in two ways, by handing over lists of certain customers and through tracking tools that automatically sent a visitor's actions on the Hims website to those platforms.
The FTC also went after how Hims charges people. In ads and on its site, Hims said consumers could connect with a medical provider and would not be charged until a medication was prescribed. The agency alleges most people never got that consultation and were charged and enrolled in a recurring subscription shortly after submitting an intake form, with no real chance to review or decline it. The complaint says Hims then made those subscriptions hard to cancel, at one point hiding the cancel button behind an add or remove items menu and several extra steps.
"The FTC will not hesitate to act on behalf of consumers"
Christopher Mufarrige, Director, FTC Bureau of Consumer Protection
The suit was filed in federal court in the Northern District of California under the FTC Act and the Restore Online Shoppers' Confidence Act, the law covering deceptive billing and subscriptions, with California and Utah adding state consumer-protection claims. The commission vote was 2 to 0. Hims has said the case ignores evidence it provided over a nearly three-year investigation, and a court will decide it.
The pattern here is hard to ignore. A company built on a promise of privacy is accused of routing the most sensitive data it holds to the ad platforms its users were trying to avoid, the same trust gap that ran through the SEC's own deleted records and the money consumers lose to online deception. When the system holding your information runs on trust alone, someone eventually tests it.
People Also Ask
What did the FTC accuse Hims and Hers of doing?
The FTC, with California and Utah, alleges Hims and Hers shared consumers' sensitive health data with advertising platforms like Meta and Snap despite promising privacy, and charged people for prescriptions without a real consultation or clear consent.
The FTC's complaint alleges Hims shared health information with Meta, Snap, and other platforms, both by sharing lists of certain customers and through website tracking tools. Hims disputes the claims, and a court will decide.
What is the Restore Online Shoppers' Confidence Act?
It is a federal law that requires clear disclosure and consent for online subscriptions and recurring charges. The FTC used it to challenge how Hims and Hers billed and enrolled consumers.
What happens next in the FTC case against Hims and Hers?
The complaint was filed in the Northern District of California, and the case will be decided by the court. Hims and Hers says it provided substantial evidence during the investigation and plans to contest the claims.