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FTC and Five States Amend Hims & Hers Privacy Lawsuit

Hims & Hers Health, Inc.November 10, 2026Federal Trade Commission

Summary

The FTC amended its lawsuit against telehealth provider Hims and Hers, adding Arizona, Florida, Nebraska, Ohio, and Wisconsin as co-plaintiffs. The complaint alleges that the company shared consumers’ sensitive health information with advertising platforms despite privacy claims, and misled consumers about prescription charges and subscription cancellation; the case remains for the court to decide.

Contract Impact

Review vendor and data-processing agreements with advertising platforms for limits on using or disclosing health information, permitted purposes, consent requirements, and controls against onward sharing. Check customer-facing privacy notices and service terms for consistency with actual data practices, and review subscription, billing, and cancellation clauses for clear disclosure of when prescription charges occur and straightforward cancellation procedures. Ensure vendor obligations support these representations and include appropriate audit, cooperation, and remediation requirements.

Contract Search Terms

health data sharing restrictionsadvertising platform data disclosureprivacy representations and warrantiesdata processing and permitted purposesconsumer consent for sensitive datasubscription cancellation processrecurring billing disclosureprescription payment timingdata deletion and retention

Laws Cited

FTC ActRestore Online Shoppers’ Confidence ActArizona state consumer protection lawsFlorida state consumer protection lawsNebraska state consumer protection lawsOhio state consumer protection lawsWisconsin state consumer protection lawsCalifornia consumer protection lawsUtah consumer protection laws

Violation Types

Entity Details

Entity

Hims & Hers Health, Inc.

Industry

Healthcare

Multistate Coalition

ArizonaFloridaNebraskaOhioWisconsinUtahCalifornia, by and through Los Angeles County Counsel

Official Sources

Source Evidence

Entity Name
"telehealth provider Hims and Hers"
Laws Cited
"the FTC Act, the Restore Online Shoppers’ Confidence Act and California and Utah consumer protection laws"
Laws Cited
"Arizona, Florida, Nebraska, Ohio and Wisconsin state consumer protection laws"
Violation Types
"shared consumers’ sensitive health information with third-party advertising platforms, despite claiming its services maintain consumers’ privacy"
Violation Types
"it has made it difficult for consumers to cancel subscriptions"
Event Date
"November 10, 2026"

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