By Patricia Jones The Federal Trade Commission has sued Hims & Hers Health, accusing the telehealth company of sharing sensitive consumer health information with advertising platforms while promising privacy. The lawsuit also challenges the company’s prescription billing, recurring subscriptions and cancellation process.
The FTC filed the case on July 29, 2026, together with the Utah Division of Consumer Protection and the People of California, acting through Los Angeles County. Hims & Hers denies the allegations and says it will vigorously defend itself. No court has found the company liable.
What Is the Hims & Hers Lawsuit About?
Hims & Hers provides online access to healthcare consultations, prescription medicines and wellness products. Its services cover areas such as weight loss, hair loss, sexual health, skin care and mental health.
Customers generally complete an online medical intake form and provide payment information. A medical provider then reviews the information and determines whether treatment is appropriate.
The government’s complaint alleges that Hims & Hers created a misleading impression about what would happen after the form was submitted. According to the FTC, many consumers believed they could review and discuss a recommended treatment before deciding whether to purchase it.
The lawsuit claims that the company instead charged many customers and enrolled them in prescription subscriptions shortly after receiving their intake forms.
Alleged Sharing of Health Information
One major part of the case concerns data privacy. The FTC alleges that Hims & Hers told consumers that they could seek treatment privately and that their health information would be protected.
However, the complaint says the company shared certain customer lists and website activities with advertising businesses, including Meta and Snap.
The alleged information sharing involved tracking technologies such as the Meta Pixel and Meta Conversions API. These tools can record actions taken by visitors on a website and transmit information to an advertising platform.
According to the complaint, information about the pages people visited, the treatments they explored or the actions they completed could reveal sensitive details about their health interests. The government also says customer lists were uploaded so advertising platforms could match individuals with their social-media accounts.
The complaint names other advertising and analytics services whose tracking tools allegedly appeared on Hims & Hers websites, including Google, Microsoft, Pinterest, Reddit, TikTok, X and several marketing companies.
The lawsuit does not accuse Meta, Snap or these other platforms of being defendants. The claims are directed against Hims & Hers for allegedly sharing information contrary to its own privacy representations.
Claims About Prescription Charges
The FTC also alleges that consumers were not given a meaningful opportunity to approve their treatment before being charged.
According to the complaint, advertisements and intake forms suggested that consumers would connect with a medical provider who would help them decide whether a particular treatment was right for them.
The government claims that many customers were instead charged almost immediately after a provider approved a prescription. Some allegedly discovered the charge before they had reviewed the treatment plan or communicated directly with the provider.
The lawsuit does not challenge a provider’s medical authority to issue prescriptions through telehealth. It focuses on whether consumers clearly understood that submitting their intake information could result in an immediate purchase and recurring subscription.
Difficulties Cancelling Subscriptions
The complaint further alleges that Hims & Hers failed to clearly explain when customers would be charged for prescription refills.
Consumers who did not know their next billing date allegedly missed the opportunity to cancel before another order was processed.
Before 2023, most customers reportedly had to contact customer service by telephone, email or chat to cancel. The FTC says these methods included delays and additional steps that sometimes prevented consumers from stopping unwanted charges.
Hims & Hers later introduced an online cancellation option for most customers. However, the government alleges that the cancellation button was difficult to find. Customers allegedly had to select an option concerning adding or removing items and pass through several screens before seeing the word “cancel.”
Which Laws Were Allegedly Violated?
The FTC brings claims under Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive business practices.
It also alleges violations of the Restore Online Shoppers’ Confidence Act. That law applies to online recurring-payment arrangements and generally requires businesses to disclose important subscription terms, obtain informed consent before charging and provide a simple way to stop recurring payments.
California alleges violations of its Unfair Competition Law and False Advertising Law. Utah brings claims under the Utah Consumer Sales Practices Act.
The case is not presented as a HIPAA enforcement action. Its main legal foundation is federal and state consumer-protection law.
What Is the Government Seeking?
The plaintiffs want a permanent court order preventing future violations. They are also seeking monetary relief for consumers, restitution, civil penalties, legal expenses and other remedies considered appropriate by the court.
The complaint does not announce a settlement amount or guaranteed consumer payout. California seeks civil penalties that can reach up to $2,500 for each violation of certain state provisions, but the final amount would depend on what the court finds.
There is currently no claim form or compensation programme for Hims & Hers customers.
How Has Hims & Hers Responded?
Hims & Hers calls the claims baseless. The company says the lawsuit ignores evidence it supplied during an investigation lasting nearly three years and disregards established telehealth standards and state laws.
The company maintains that customers receive the information needed to make informed decisions. It also says its privacy policy explains available data choices and that information patients share with healthcare providers is used only to deliver care.
Hims & Hers says it has strengthened its privacy processes as the business has grown and will contest the lawsuit. The case remains pending in the US District Court for the Northern District of California under case number 3:26-cv-07871. No trial, settlement or judgment has occurred.