The Federal Trade Commission, joined by Utah and California, on July 29 filed suit against telehealth provider Hims & Hers, alleging the company shared consumers’ sensitive health information with third parties without adequate consent in violation of federal and state law.
The FTC said millions of consumers may have had private health information — including details about medications and medical conditions — shared without their knowledge. Hims & Hers operates one of the fastest-growing telehealth platforms in the United States, offering online consultations and prescriptions for conditions including hair loss, erectile dysfunction, mental health, and weight management.
The complaint alleges that Hims & Hers shared consumer health data with advertising platforms and other third parties for marketing purposes, despite representing to users that their information would be kept confidential. The FTC said the company’s practices violated the FTC Act’s prohibition on unfair or deceptive business practices.
Utah and California joined the federal action under their respective state consumer protection and privacy statutes. The multistate involvement signals a coordinated enforcement posture across federal and state regulators on health data privacy.
The case could set significant precedent for how online health services handle personal data at a time when telehealth usage has expanded dramatically. Millions of Americans turned to virtual care platforms during and after the COVID-19 pandemic, sharing sensitive medical information through digital interfaces.
The FTC has made health data privacy a major enforcement priority in recent years, bringing multiple actions against companies that collected or shared health information without proper safeguards. The agency has argued that health data deserves heightened protections because of the potential for discrimination and stigma.
Hims & Hers, a publicly traded company, has not publicly responded to the complaint. The suit seeks injunctive relief, civil penalties, and consumer redress.