The Federal Trade Commission, joined by California and Utah, has sued telehealth company Hims & Hers, alleging it shared consumers' sensitive health information with advertising platforms despite promising to protect patient privacy.
The complaint also accuses the company of deceptive billing, automatically enrolling customers in subscriptions before medical consultations and making cancellations unnecessarily difficult.
Hims & Hers denies the allegations, calling the lawsuit an attempt to "generate headlines" and says it intends to vigorously defend itself.
The Federal Trade Commission has filed a lawsuit against telehealth provider Hims & Hers, accusing the company of unlawfully sharing consumers' sensitive health information with advertisers while falsely assuring customers their medical data would remain private.
The complaint, filed Wednesday in federal court, was brought by the FTC together with the states of California and Utah. Regulators allege the company disclosed information about consumers' medical conditions and online activity to advertising platforms, including Meta and Snap, to help target ads, even as it marketed itself as a privacy-focused healthcare provider.
According to the FTC, the shared data included information that could reveal consumers' interest in treatments for sensitive medical conditions. The agency contends those disclosures violated both federal and state consumer protection laws.
"Hims & Hers promised users privacy," the FTC said in announcing the lawsuit, arguing that consumers relied on those assurances when seeking medical care through the company's online platform.
Billing and subscription practices challenged
The lawsuit goes beyond privacy allegations. The FTC claims Hims & Hers charged customers for prescription subscriptions shortly after they completed online intake forms, even though consumers were led to believe they would first consult with a healthcare provider to determine whether treatment was appropriate.
Regulators also allege the company failed to clearly disclose when prescriptions would automatically renew and made it difficult for customers to cancel recurring subscriptions before being charged again. According to the complaint, the online cancellation option was difficult to locate, and consumers often were not given adequate notice before refill charges occurred.
The FTC is seeking a court order prohibiting the alleged practices, along with civil penalties and other remedies under federal and state law.
Company disputes allegations
Hims & Hers rejected the government's claims, saying the lawsuit ignores evidence the company provided during what it described as a nearly three-year FTC investigation.
In a statement, the company said the case "disregards substantial evidence" and ignores industry standards governing telehealth. It characterized the lawsuit as "an effort to generate headlines at our expense" rather than a legitimate consumer protection action and said it will vigorously defend itself.
The case serves as a reminder that consumers should carefully review the privacy policies and billing terms of telehealth providers before signing up for services. Experts recommend:
Reading privacy disclosures to understand how health information may be shared.
Looking for clear explanations of subscription renewals and cancellation policies.
Monitoring credit card and bank statements for recurring charges.
Canceling subscriptions well before renewal dates and keeping records of cancellation requests.
The lawsuit's allegations have not been proven in court, and Hims & Hers will have an opportunity to contest the claims as the case proceeds.