FTC, 2 States Sue Hims & Hers Over 2.5 Million Users' Health Data
Updated
Updated · Nixon Peabody LLP · Aug 10
FTC, 2 States Sue Hims & Hers Over 2.5 Million Users' Health Data
3 articles · Updated · Nixon Peabody LLP · Aug 10
Summary
The FTC, California and Utah accused Hims & Hers of sending roughly 2.5 million subscribers’ health information to Meta, Snap and other ad platforms despite promises to keep it private.
The complaint says the telehealth company used custom-audience uploads and tracking pixels to transmit actions such as intake-form completion and checkout in real time, without user consent.
Regulators also alleged deceptive subscription practices, including billing before provider review and a cancellation process that was phone-only before 2023 and later buried behind multiple screens.
Because Hims & Hers operates as a direct-to-consumer platform that may fall outside HIPAA, the FTC brought the case under the FTC Act and ROSCA instead.
The suit extends a broader crackdown after 2023 cases against GoodRx and BetterHelp, signaling tougher scrutiny of health-related data sharing and online cancellation design.