FTC and States Act Against Hims & Hers for Deceptive and Unlawful Privacy Practices

The Federal Trade Commission, joined by Utah and California, by and through Los Angeles County Counsel, today sued Hims & Hers alleging that the telehealth provider shared consumers’ sensitive health information about medical conditions with third-party advertising platforms despite claiming its services maintain consumers’ privacy and deceives users about its billing and cancellation practices.

In a complaint filed in federal court, the FTC and its state and local partners allege that Hims & Hers (Hims) fails to clearly disclose that it charges consumers for prescriptions almost immediately after they submit an intake form, despite telling consumers that they will be able to consult with a medical provider to find a treatment that is “right for them.” The FTC also alleges that the company has made it difficult for consumers to cancel subscriptions and misled consumers about keeping their health information private. The FTC alleges that Hims shared consumers’ health information with Meta, Snap and other third parties.

“The FTC’s complaint lays out a troubling scenario—consumers unknowingly locked into recurring subscriptions and the disclosure to third parties of consumers’ most private health information without their consent,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “The FTC will not hesitate to act on behalf of consumers deprived of their ability to choose which products they want and whether to keep their most sensitive health information private.”

San Francisco-based Hims provides telehealth services and direct-to-consumer prescription medications for certain conditions. Consumers who express interest in Hims’ services must fill out an online intake form for review by a medical provider before obtaining treatment.