Him & Hers moves to dismiss FTC, Utah and California suit over health data sharing with advertisers and subscription practices
Him & Hers (Hims), a San Francisco-based telehealth and prescription subscription provider, has filed a motion to dismiss the lawsuit brought in August 2026 by the FTC and the states of Utah and California in the U.S. District Court for the Northern District of California. The complaint alleges deceptive subscription billing and cancellation practices, and that sensitive consumer health information was shared with advertising platforms without consent despite claims of a "100% online, private, and secure" service. Hims disputes the allegations and argues that its privacy policy discloses that personal and health data may be shared with marketing partners. Judge Vince Chhabria has set a hearing on the motion for January 7, 2027.
Detalhes técnicos
- The complaint alleges Hims used Meta Pixel and the Meta Conversions API to record user events on its website and transmit them to Meta.
- Other advertising tools from Snap, Microsoft, Google, Criteo, Pinterest, TikTok, Trade Desk and X allegedly collected sensitive consumer information for advertising purposes.
- Hims is also alleged to have sent customer lists to the Meta and Snap custom audience systems.
- Until at least mid-2023, Hims allegedly claimed that medical records and sensitive information were accessed only by the providers managing a consumer's care.
- The alleged violations fall under the FTC Act, the ROSCA Act, California Business and Professions Code, the Utah Consumer Sales Practices Act and the Utah Code. The plaintiffs seek a permanent injunction, restitution and civil penalties.
- Hims argues its intake screens state pricing and terms before submission, that charges apply only if a prescription is issued, and that consumers acknowledge the privacy policy before account setup.
- The FTC has previously taken action over tracking technologies against Premom, BetterHelp and GoodRx, with each case resolved through financial penalties.
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Him & Hers moves to dismiss FTC, Utah and California suit over health data sharing with advertisers and subscription practices
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Him & Hers (Hims), a San Francisco-based telehealth and prescription subscription provider, has filed a motion to dismiss the lawsuit brought in August 2026 by the FTC and the states of Utah and California in the U.S. District Court for the Northern District of California. The complaint alleges deceptive subscription billing and cancellation practices, and that sensitive consumer health information was shared with advertising platforms without consent despite claims of a "100% online, private, and secure" service. Hims disputes the allegations and argues that its privacy policy discloses that personal and health data may be shared with marketing partners. Judge Vince Chhabria has set a hearing on the motion for January 7, 2027.
Technical Details
- The complaint alleges Hims used Meta Pixel and the Meta Conversions API to record user events on its website and transmit them to Meta.
- Other advertising tools from Snap, Microsoft, Google, Criteo, Pinterest, TikTok, Trade Desk and X allegedly collected sensitive consumer information for advertising purposes.
- Hims is also alleged to have sent customer lists to the Meta and Snap custom audience systems.
- Until at least mid-2023, Hims allegedly claimed that medical records and sensitive information were accessed only by the providers managing a consumer's care.
- The alleged violations fall under the FTC Act, the ROSCA Act, California Business and Professions Code, the Utah Consumer Sales Practices Act and the Utah Code. The plaintiffs seek a permanent injunction, restitution and civil penalties.
- Hims argues its intake screens state pricing and terms before submission, that charges apply only if a prescription is issued, and that consumers acknowledge the privacy policy before account setup.
- The FTC has previously taken action over tracking technologies against Premom, BetterHelp and GoodRx, with each case resolved through financial penalties.