FTC sues Hims & Hers over data privacy and deceptive billing practices

The Federal Trade Commission (FTC), joined by Utah and California regulators, has sued telehealth company Hims & Hers over allegations of deceptive data privacy practices, unlawful sharing of sensitive health information with third‑party advertising platforms, and misleading billing and subscription cancellation practices.

The FTC alleges that Hims & Hers charged consumers for prescriptions immediately after they submitted intake forms, often before consulting with a medical provider, and enrolling them in recurring subscription plans without clear consent.

Regulators also accuse the company of making subscriptions difficult to cancel by hiding the cancellation option behind multiple steps and failing to clearly notify consumers when prescriptions would be automatically refilled.

The complaint alleges the company shared users’ sensitive health data—such as conditions like erectile dysfunction, hair loss, and weight‑loss treatments—with advertising platforms such as Meta (Facebook) and Snap, despite promising privacy and discretion on its website.

Hims & Hers has responded by calling the lawsuit "baseless," saying it disregards evidence provided during a nearly three‑year investigation and claiming its privacy policy allows consumers to choose how their data is used.

The lawsuit was filed in the U.S. District Court for the Northern District of California and seeks permanent injunctive relief, monetary judgment, and civil penalties under the FTC Act and the Restore Online Shoppers’ Confidence Act (ROSCA).

Shortly after the suit was announced, shares of Hims & Hers Health (NYSE:
HIMS) fell more than 11%, reflecting market reaction to the enforcement action and regulatory scrutiny.