Hims & Hers Lawsuit Claims Users’ Health Info Is Shared with Third Parties Without Consent

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Hims & Hers has been hit with a proposed class action lawsuit that alleges the telehealth platform surreptitiously uses tracking pixels and software development kits to transmit consumers’ private health information to third parties, deceptively charges for prescription medication without consent, and makes it unreasonably difficult to cancel a subscription.

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The 88-page Hims & Hers lawsuit accuses the company of implementing on its website and mobile app tracking pixels that transmit private health information to third-party advertising, analytics and social media platforms—including Meta, Google, Snap, Amplitude and a host of others—without consent, all while assuring consumers that their medical records and sensitive information are only accessed by medical providers. 

According to the complaint, Hims & Hers purports to offer a “100% online, private, and secure process” and provides a variety of medications and treatments for erectile dysfunction, overall sexual health, hair loss, hormone health, weight loss, mental health concerns, and more. Importantly, the case says that because these health concerns are “highly sensitive and private,” users reasonably expect that information relayed to Hims & Hers while seeking treatment will remain confidential.

However, the lawsuit alleges that Hims & Hers discloses and allows third parties to “intercept” consumers’ private health information from the moment they first access the platform.

When first seeking treatment, a user must fill out an online “Intake Form” where they disclose their symptoms, health history, and treatment goals, as well as complete an identity verification process, the filing says. The suit says that information provided on the Hims & Hers intake form is relayed to third parties without being aggregated or stripped of identifiers, allowing advertisers to train their ad-delivery and personalization systems on users’ private health information and personally identifiable information, and create a digital “fingerprint” to identify and target specific people.

The complaint adds that consumers’ health data, including what prescriptions they take, is “extremely valuable” for advertisers. The case stresses that consumers had no way of knowing that Hims & Hers was disclosing their communications on the platform, nor did they consent to the disclosures, in violation of the Electronic Communications Privacy Act and California’s Invasion of Privacy Act.

The class action lawsuit also asserts that while Hims & Hers advertises that consumers can receive a “free consult” to discuss treatment options with a medical professional after completing the intake form, most do not receive a consultation, whether live or asynchronous. Instead, when a user completes the intake form, they “unknowingly” agree to pay for and subscribe to an unknown prescription treatment, the suit claims.

According to the suit, after completing the intake form, Hims & Hers will immediately charge the consumer for the prescription, and then send the prescription for fulfillment, while enrolling the individual in a subscription treatment plan without express consent, in violation of California’s Automatic Renewal Law.  

Moreover, the case says once a consumer is enrolled in a potentially unwanted subscription, Hims & Hers imposes “technological hurdles” that make it difficult to timely cancel the subscription and avoid unwanted charges. In April 2023, the suit continues, Hims & Hers introduced a new online cancellation process that requires users to navigate to their subscription page, which makes no mention of cancellation options, and figure out that, to cancel, they have to click a button that says “Add/remove items from order” and then uncheck every box next to their treatments.

Only after a user unchecks all the boxes are they shown a page that reveals the option to cancel their subscription, the case says. Even then, they must click through approximately three to 10 survey questions presented on separate pages and reaffirm that they want to cancel, the lawsuit says.

Per the lawsuit, on July 29, 2026, the Federal Trade Commission issued a complaint making a number of allegations regarding Hims & Hers’s alleged privacy violations and consumer representations.

The Hims & Hers class action lawsuit looks to cover:

• All individuals in the United States who used the Hims & Hers platform and whose communications and/or protected health information were shared with third parties, including the advertising and analytic companies; and
• All individuals in the United States who paid for a Hims or Hers subscription and were misled by the company’s allegedly deceptive marketing and cancellation practices.

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