The Federal Trade Commission, joined by the states of California and Utah, has filed a lawsuit against the telehealth company Hims & Hers. The regulators allege that the company shared sensitive patient health information with third-party advertising platforms, including Meta and Snap, without obtaining proper user consent. This legal action highlights growing concerns regarding how digital health platforms manage private medical data while utilizing modern online tracking technologies.
According to the complaint, Hims & Hers utilized tracking pixels—small pieces of code embedded in its website—to monitor user behavior and transmit data to advertisers. The FTC claims this practice directly contradicted the company’s public promises to maintain patient privacy and discretion. The lawsuit also alleges that the company engaged in deceptive billing and subscription practices, including charging customers for prescriptions before they had the opportunity to consult with a medical provider.
Furthermore, the regulators contend that Hims & Hers made it unnecessarily difficult for users to cancel their recurring subscriptions. The complaint describes a process where cancellation options were obscured behind multiple menus, preventing customers from easily ending their services. These allegations suggest a pattern of prioritizing growth and advertising efficiency over consumer transparency and data protection.
In response to the lawsuit, Hims & Hers has publicly rejected the claims, labeling them as baseless. The company maintains that its privacy policy clearly outlines how data is used and asserts that information shared with healthcare providers is strictly utilized for the purpose of providing care. As the case moves forward, the court will need to determine whether the company’s practices violated the FTC Act and the Restore Online Shoppers' Confidence Act.
The outcome of this litigation could have significant implications for the broader telehealth industry, which has seen rapid expansion in recent years. For the public, the case serves as a reminder of the importance of reviewing privacy policies when using online health services. Observers will be watching to see how the court balances the company’s business operations against the regulatory requirements for consumer privacy and fair billing.