The Federal Trade Commission has filed a lawsuit against telehealth provider Hims & Hers, accusing the company of sharing sensitive customer health data with major advertising platforms and implementing deceptive billing practices. The complaint, filed in the US District Court for the Northern District of California, alleges that Hims & Hers transmitted health information about customers' medical conditions to Meta, Snap, and other advertising platforms through online tracking technologies and customer lists, despite promising customers a private and secure service.
Hims & Hers operates an online platform offering treatments for conditions including male pattern baldness, erectile dysfunction, obesity, and mental health disorders. According to the FTC complaint, the company assured consumers that their sensitive health information would only be accessed by medical providers and would not be disclosed to third parties without consent. However, the regulator claims these assurances were false or misleading, as the company shared customer data with advertising platforms for marketing purposes.
Beyond privacy violations, the FTC alleges that Hims & Hers engaged in deceptive billing practices. The company's websites told customers they would not be charged unless medication was prescribed after consulting with a medical provider. Instead, most customers allegedly received no consultation or opportunity to approve recommended treatments before being charged and automatically enrolled in recurring subscriptions. The complaint further states that the company failed to clearly communicate when prescriptions would be refilled, preventing customers from cancelling before being charged for additional months of medication.
The cancellation process itself presented significant obstacles for customers. Before April 2023, most customers had to contact customer service by phone, email, or chat to cancel. Even after the company introduced website cancellations, the option remained hidden within a confusing process requiring customers to navigate to a medication management section, uncheck all prescribed medications, and then click through three to ten survey questions before the cancellation would be accepted. Mobile app users still lacked a direct cancellation option.
The FTC, partnering with authorities from California and Utah, is seeking injunctions to stop these practices, monetary relief for affected consumers, and civil penalties for violations of consumer protection laws. Security and privacy professionals should note this case as another example of healthcare providers failing to properly protect sensitive health data and implement transparent data handling practices. Organizations handling health information should review their data sharing agreements with advertising platforms and ensure compliance with privacy promises made to customers.
Source: https://www.theregister.com/legal/2026/07/30/ftc-sues-hims-hers-for-sharing-health-data-with-big-tech/5281092


