**Hims & Hers Lawsuit: FTC, California, and Utah Sue Telehealth Provider Over Alleged Privacy and Subscription Violations**
The Federal Trade Commission (FTC), alongside California and Utah, has filed a lawsuit against telehealth provider Hims & Hers Inc. The lawsuit alleges that the company engaged in deceptive and unfair trade practices by violating consumer privacy and subscription consent laws. Regulators claim that Hims & Hers promised a private and discreet healthcare experience but instead shared sensitive health information with third-party advertising platforms, including Meta and Snap.
### Allegations in the Lawsuit
According to the complaint filed in U.S. District Court for the Northern District of California, Hims & Hers marketed its services as “100% online, private, and secure.” The company assured consumers that their medical records and sensitive health information would only be accessed by healthcare providers managing their care. However, regulators say the company failed to uphold these promises.
The lawsuit details that Hims & Hers used tracking technologies such as Meta Pixel, Meta Conversions API, and similar tools from Google, Microsoft, Reddit, TikTok, Pinterest, X, and other advertising partners. These platforms allegedly received information about users’ activity, including sensitive health data, without clear disclosure or informed consent.
In a statement, the FTC’s Director of the Bureau of Consumer Protection, Christopher Mufarrige, emphasized that the complaint reveals a troubling pattern. “Consumers unknowingly locked into recurring subscriptions and the disclosure to third parties of consumers’ most private health information without their consent,” he said. The FTC said it would act to protect consumers who are deprived of control over their choices and privacy.
### Alleged Deceptive Subscription Practices
In addition to privacy violations, the lawsuit accuses Hims & Hers of deceptive subscription practices. Regulators claim that while the company advertised “free consultations,” consumers were often automatically enrolled in recurring prescription subscriptions without adequate opportunity to review or approve their treatment. The complaint highlights that cancellation options were intentionally obscured behind multiple menus and retention screens, making it difficult for users to cancel their subscriptions.
The lawsuit cites violations of several laws, including:
– The FTC Act
– The Restore Online Shoppers’ Confidence Act
– California’s False Advertising Law and Unfair Competition Law
– Utah’s Consumer Sales Practices Act
The FTC and its state partners are seeking a permanent injunction, monetary relief, civil penalties, and other forms of relief.
### Company Response
Hims & Hers issued a public statement denying the allegations. The company argued that the lawsuit “disregards substantial evidence we provided the FTC during its nearly three-year investigation, ignores established state laws and industry standards in telehealth, and contorts the law to try to manufacture claims.” The company added that it was confident in its position and would “vigorously defend” itself against what it called baseless claims.
### Broader Context
This lawsuit is part of a broader trend in which the FTC has taken action against companies for privacy violations, deceptive marketing, and consumer protection failures. In 2022, Epic Games settled allegations of violating children’s privacy laws for $520 million. The FTC has also ramped up enforcement against AI-related claims, warning of potential misuse of artificial intelligence and taking action against companies accused of exaggerating AI capabilities.
An editor’s note indicates that the story was updated after publication to include a comment from Hims & Hers.
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## FAQ
**Q1: What companies are involved in this lawsuit?**
A: The lawsuit was filed by the Federal Trade Commission (FTC), California, and Utah against telehealth provider Hims & Hers Inc.
**Q2: What are the main allegations against Hims & Hers?**
A: The allegations include sharing sensitive health information with advertising platforms like Meta and Snap, despite privacy promises, and enrolling consumers in recurring prescription subscriptions without informed consent.
**Q3: What laws are cited in the lawsuit?**
A: The lawsuit cites violations of the FTC Act, the Restore Online Shoppers’ Confidence Act, California’s False Advertising Law, California’s Unfair Competition Law, and Utah’s Consumer Sales Practices Act.
**Q4: What is the FTC’s response to the company’s statement?**
A: While the FTC has not publicly responded to the company’s statement, the lawsuit emphasizes that the Commission acts when there is reason to believe a violation has occurred or is imminent.
**Q5: What are the potential outcomes of this lawsuit?**
A: The FTC and state partners are seeking a permanent injunction, monetary relief, civil penalties, and other forms of relief. The case will be decided by the court.
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## Conclusion
This lawsuit underscores growing regulatory scrutiny of telehealth companies regarding data privacy and consumer protection. While Hims & Hers denies the allegations, the case could set a precedent for how health information is handled and shared in the digital healthcare space. As the legal battle unfolds, consumers and industry stakeholders alike will be watching for the outcome of this high-profile enforcement action.
