Key facts
- Hims & Hers is accused of sharing sensitive health information with advertising platforms like Meta and Snap.
- The company allegedly promised consumers privacy while disclosing health data without clear consent.
- Consumers were reportedly enrolled in recurring prescription subscriptions without informed consent.
- Hims & Hers used tracking technologies from Meta, Google, Microsoft, and others to transmit user data.
- The lawsuit also alleges deceptive subscription practices, including difficulty in cancellation.
- Regulators are seeking a permanent injunction, monetary relief, and civil penalties.
The Federal Trade Commission, alongside California and Utah, has filed a lawsuit against telehealth provider Hims & Hers Inc. The complaint alleges that the company violated consumer privacy and engaged in deceptive billing and subscription practices.
Regulators claim that Hims & Hers promised users a private and secure healthcare experience, yet shared sensitive health information, including data related to sexual wellness, mental health, hair loss, and weight loss, with third-party advertising platforms such as Meta and Snap. The company reportedly used tracking technologies like Meta Pixel and Google's tools to transmit user activity data, contrary to its privacy assurances.
Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection, stated that consumers were unknowingly enrolled in recurring subscriptions and had their private health information disclosed without consent. The FTC emphasized its commitment to acting on behalf of consumers whose choices and privacy are compromised.
In addition to privacy concerns, the lawsuit accuses Hims & Hers of deceptive subscription practices. Consumers were allegedly automatically charged for recurring prescription subscriptions after a provider reviewed their intake form, without an opportunity to approve the treatment. The company also allegedly made it difficult to cancel subscriptions by hiding options within multiple menus.
The lawsuit cites violations of the FTC Act, the Restore Online Shoppers' Confidence Act, and California and Utah consumer protection laws. The FTC and its state partners are seeking a permanent injunction, monetary relief, and civil penalties.
This action is part of a broader trend of FTC enforcement against companies for privacy violations and deceptive marketing. Recent actions include a settlement with Epic Games over children's privacy and with Cox Media Group over false advertising of AI services.