The Federal Trade Commission, joined by Utah and California, filed a lawsuit against Hims and Hers Health alleging the telehealth company shared consumers’ sensitive health data without proper disclosure, the FTC announced July 29.
Hims and Hers serves millions of users who seek treatment for sensitive conditions including sexual health, mental health and weight loss through its online platform. The lawsuit alleges the company’s data sharing practices violated FTC rules on health data privacy and state consumer protection laws.
The bipartisan state coalition joining the FTC signals broad regulatory concern about data privacy practices across the rapidly growing telehealth industry, which has expanded dramatically since the COVID-19 pandemic.
Consumers who provide telehealth platforms with intimate health information, including diagnoses, medications and treatment histories, have a reasonable expectation that such data will be protected, the FTC alleged. The lawsuit contends that Hims and Hers shared this information in ways consumers did not authorize or understand.
The case sets a significant enforcement precedent for an industry that has access to some of the most sensitive personal information Americans share digitally. Telehealth visits often involve disclosure of conditions patients may not share with family members.
Hims and Hers Health is publicly traded and has grown rapidly by offering convenient online access to prescription medications and health consultations. The company has marketed itself as a privacy-conscious alternative to traditional healthcare encounters.
For the millions of Americans who use telehealth platforms, the lawsuit raises fundamental questions about how their health data is handled, shared and potentially monetized by the companies entrusted with it.