The Federal Trade Commission filed an amended complaint adding five states as co-plaintiffs in its lawsuit alleging that telehealth provider Hims and Hers shared consumers’ sensitive health information with third-party advertising platforms, despite claiming its services maintain consumers’ privacy, and it deceived users about its billing and cancellation practices.
The amended complaint filed by the FTC now includes Arizona, Florida, Nebraska, Ohio and Wisconsin in addition to Utah and California, by and through Los Angeles County Counsel. The FTC and its initial state partners first alleged in July that Hims has misled consumers about keeping their health information private and has shared consumers’ health information with Meta, Snap and other third parties. The complaint also has alleged that Hims fails to clearly disclose that it charges consumers for prescriptions almost immediately after they submit an intake form, despite telling consumers that they will be able to consult with a medical provider to find a treatment that is “right for them,” and it has made it difficult for consumers to cancel subscriptions.
The amended complaint alleges Hims has violated Arizona, Florida, Nebraska, Ohio and Wisconsin state consumer protection laws in addition to the FTC Act, the Restore Online Shoppers’ Confidence Act and California and Utah consumer protection laws.
The Commission vote authorizing the staff to file the amended complaint was 2-0. The amended complaint was filed in the U.S. District Court for the Northern District of California.
NOTE: The Commission files a complaint when it has “reason to believe” that the named defendants are violating or are about to violate the law and it appears to the Commission that a proceeding is in the public interest. The case will be decided by the court.
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