The US Federal Trade Commission (FTC), together with Utah and California, has filed a lawsuit against telehealth provider Hims & Hers.
The FTC alleges that the company shared consumers’ sensitive health information with third‑party advertising platforms despite promising strong privacy protections.
Hims & Hers is a telehealth and digital health platform that connects users with licensed medical providers for online consultations, prescription medications, and personal care products.
The complaint also accuses Hims & Hers of deceptive billing and subscription practices that made it hard for users to avoid charges or cancel subscriptions.
According to the FTC’s complaint, filed in federal court in California, Hims & Hers:
- Shared sensitive health data, including details about medical conditions, with ad platforms such as Meta and Snap despite privacy promises.
- Charged before consultations. The company promised users they could consult a medical provider before being charged, but the FTC says many consumers were enrolled in recurring prescription subscriptions shortly after they submitted an intake form, often without first having a consultation.
- Made cancellation difficult. Before 2023, cancellation reportedly required contacting customer service by phone, email, or chat. Even after an online cancellation option appeared, the FTC alleges the button was hidden behind multiple steps and confusing options.
From a cybersecurity and privacy research perspective, this isn’t just about a single telehealth brand. It highlights three broader trends we see repeatedly in consumer programs:
Privacy policies versus reality. A company can market itself as privacy‑focused while still integrating third‑party advertising and analytics software development kits (SDKs) that leak sensitive information. This becomes especially concerning when health‑related events are linked to user accounts or tracking cookies.
Friction as a feature. Hard‑to‑find cancellation flows and unclear billing practices are examples of “dark patterns” that nudge users into paying for services they might not have chosen given all relevant information.
Regulatory pressure is growing. Health‑related services are under increasing scrutiny, especially when they handle sensitive data and combine it with advertising platforms.
The court will ultimately decide whether Hims & Hers violated the law, but the FTC’s action sends a clear signal: regulators are paying close attention to how health‑related services collect, use, and share sensitive data.
For anyone who values online privacy, the Hims & Hers case is a reminder that “health tech” does not automatically mean “privacy first.”
How to stay safe
More often than not, the privacy loopholes are hidden in the privacy policy somewhere.
Pro tip: one thing AI is good at is reading between the lines. Ask an AI chatbot to summarize a privacy policy and identify when your information may be shared with third parties. AI makes it much easier to understand lengthy privacy policies without reading every word yourself. If companies fail to follow their own privacy policies, regulators and consumers can hold them accountable.
Other than that:
- Don’t share sensitive information unless it’s genuinely needed to provide the service.
- Use strong, unique passwords and multifactor authentication (MFA). Even if a company is compliant, breaches happen. Unique passwords and two‑factor authentication limit the damage if your account details are exposed.
- Check your browser and app permissions. Disable unnecessary tracking features where possible, and consider privacy‑focused browser settings or extensions that limit third‑party cookies and trackers.
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