• Posted July 31, 2026

FTC Sues Hims & Hers Over Health Privacy And Billing Practices

The U.S. Federal Trade Commission (FTC) has sued telehealth company Hims & Hers, alleging it shared consumers' private health information with advertising platforms and unknowingly charged some customers for prescriptions.

The lawsuit, joined by California and Utah, was filed Wednesday in federal court in Northern California.

Hims sells telehealth services and prescription medications directly to consumers for conditions including weight loss, erectile dysfunction and hair loss. To get treatment, customers first fill out an online intake form for a medical provider to review.

According to the complaint, Hims tells consumers they can consult with a provider to find a treatment that is "right for them" and that they will not be charged unless medication is prescribed. 

But the FTC alleges most consumers never get a consultation. Instead, they are billed and enrolled in recurring subscription plans shortly after submitting the form, without a chance to review or approve the treatment.

The company also failed to clearly tell customers when their prescriptions would refill each month, making subscriptions hard to cancel before the next charge, the FTC alleges. 

Before 2023, most consumers could cancel only by phone, email or chat. Even after Hims added online cancellation, regulators say the cancel button was buried behind several steps.

Those practices drew numerous consumer complaints. 

"I was told that I would be able to speak with a doctor in a few days and that nothing would be charged to my card that day. Him's & Her's [sic] charged me immediately! I never gave consent to apply charges before I spoke with a healthcare professional," one consumer wrote.

The FTC also alleges Hims shared sensitive health information with third-party advertising platforms owned by Meta and Snap, despite promising to protect patient privacy. 

The company did so by handing over customer lists and by using tracking tools that automatically reported users' actions on its website, according to the complaint.

"The FTC's complaint lays out a troubling scenario — consumers unknowingly locked into recurring subscriptions and the disclosure to third parties of consumers' most private health information without their consent," said Christopher Mufarrige, director of the FTC's Bureau of Consumer Protection.

Hims pushed back, saying the FTC disregarded evidence it provided during the agency's three-year investigation and "ignored" telehealth industry standards, according to The Washington Post. 

The company said its privacy policy lets patients choose how their data is used and called the suit an attempt to generate headlines rather than protect consumers. Hims stock fell nearly 12% Wednesday, reports The Post.

"We believe you deserve to understand how your information is collected and used," the company said in a statement posted on its website. "That’s why our Privacy Policy lays out our data practices and the safeguards we’ve built into our platform. Beyond those disclosures, our internal practices are designed to protect your information." 

The FTC files a complaint when it has reason to believe a company is breaking the law, the complaint notes. The court will decide the case.

More information

Visit the Office of the National Coordinator for Health Information Technology for more information about protecting your personal health information online. 

SOURCES: U.S. Federal Trade Commission, July 29, 2026; Hims & Hers, July 29, 2026; The Washington Post, July 29, 2026