Published
September 18, 2026
People who used Hims or Hers may be covered by a proposed class action alleging Hims & Hers Health shared their health information with Meta, Snap and other advertising platforms, the same conduct the FTC, Utah and California sued the company over in July 2026. No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a government enforcement complaint and related class action complaints. The statements below are unproven allegations. Hims & Hers Health, Inc. denies them and has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
The Federal Trade Commission, the Utah Division of Consumer Protection and the People of the State of California, acting through Los Angeles County Counsel, sued Hims & Hers Health, Inc. on July 29, 2026. The case is Federal Trade Commission et al. v. Hims & Hers Health, Inc., No. 3:26-cv-07871-VC, in the U.S. District Court for the Northern District of California, and it is assigned to Judge Vince Chhabria.The complaint makes two sets of accusations against the San Francisco telehealth company, which sells prescription treatments for hair loss, sexual health, mental health, skin care and weight loss through Hims.com and ForHers.com. The first is that Hims promised patients privacy while sending advertising platforms information that revealed which conditions they were seeking treatment for. The second is that Hims charged people for prescription subscriptions they did not clearly agree to, billed refills earlier than the schedule it advertised, and made those subscriptions hard to cancel.
A proposed private class action over the health-data claims, Doe et al. v. Hims & Hers Health, Inc., was filed the next day in the same court, and two more private suits followed. The court has formally related all of them to the FTC case. Hims & Hers denies the allegations, and nothing has been decided.
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Status
Complaint Filed · July 29, 2026
FTC et al. v. Hims & Hers Health, Inc. · N.D. Cal. (3:26-cv-07871) · related private class actions pending
Next Deadline
Motion to dismiss due October 22, 2026
Hearing set for January 7, 2027 · case management conference October 30, 2026
Can I Claim?
No — nothing to claim yet
No settlement, fund or certified class in any of the cases
What the FTC Says Hims Sent to Meta and Snap
According to the complaint, Hims shared what it calls "Events" with advertising platforms: records of a visitor creating an account to seek a specific treatment (a "Complete Registration") or submitting a medical intake form (a "Purchase"). The FTC alleges this continued through at least May 2024 and happened in two ways.The first was customer lists. The complaint says that between September 2020 and June 2023 Hims uploaded about 14 million customer email addresses to Meta so it could find those people on Facebook and Instagram, and that Meta matched about 10 million of them to user accounts. Between March 2020 and September 2023, Hims allegedly used customer emails to build 90 "Lookalike Audiences" that targeted people who resembled its existing customers. The FTC says the names Hims gave these audiences disclosed the treatment involved, citing examples such as "All Time Hims ED Purchasers" and a lookalike audience built from premature ejaculation buyers. Some list names used code words, but the complaint alleges Meta's own marketing emails decoded them: "Apollo" meant mental health, "Atlas" premature ejaculation and "Zeus" erectile dysfunction.
The second was tracking code. Hims placed the Meta Pixel and Meta's Conversions API on its platforms, and the complaint alleges those tools sent the registration and purchase events to Meta about 8 million times. Each event allegedly carried identifiers Meta uses to match people to profiles, such as an email or IP address, together with custom fields naming the treatment category.
Snap allegedly received the same kind of customer lists. The complaint describes five uploads to Snap, with names such as "All_Time_Hers_Psych_Signups" and "AllTime_RX_PEJ_06082022," that together held more than 1 million email addresses and pointed to mental health, premature ejaculation and sexual health products.
The complaint also lists pixels from Microsoft, Google, Criteo, MediaBids, PartnerCentric, PebblePost, Pinterest, Podsights, Reddit, StackAdapt, TikTok, The Trade Desk and X on the Hims website, and alleges many of them captured the same registration and purchase events.
The Privacy Promises at the Center of the Case
The FTC's deception theory rests on what Hims told patients. Until at least late August 2023, the Hims homepage answered the question "How does Hims ensure patient privacy?" by saying medical records and sensitive information are only accessed by the providers managing a patient's care. The complaint says Hims ads promised a "100% online, private, and secure process," that influencers it paid and whose posts it approved called the service "discreet," and that TV, radio and podcast spots described the platforms as "totally private."The FTC argues those statements told patients their health information would not go to third parties, and that Hims never clearly disclosed the advertising-platform sharing.
Charged Before a Consultation, the FTC Alleges
The billing claims focus on the intake process. Hims ads and intake screens promised a "free consult" or "free provider evaluation," and the final screen showed "Due Now $0" and a "Pay $0 today" button with the line "You will only be charged if prescribed."According to the complaint, most customers never had a consultation. In states that do not require a live telehealth visit, the FTC says Hims' providers reviewed the form and prescribed a treatment, and Hims charged the customer and enrolled them in a recurring subscription right away, often before they had seen what was prescribed. The complaint says this affected hundreds of thousands of consumers and that the disclosure that submitting the form meant agreeing to an automatic subscription sat in small, low-contrast type below the button.
Early Refill Charges and a Hidden Cancel Button
The complaint alleges Hims charged the first refill 10 days before the schedule the customer picked, so a monthly subscriber was billed on day 20, and required cancellation two days before that charge, by day 18. It says later refills could be charged up to two more days early, and that Hims generally did not send reminders before refill dates.Cancelling was the other problem, according to the FTC. Before April 2023, most customers had to contact customer service and give a date of birth and a past order number first. The complaint says understaffed agents missed hundreds of calls a week and sometimes took days to answer, and that starting around late 2022 Hims removed its phone number from its FAQ pages, including the page on how to cancel.
The online cancellation flow Hims added in April 2023 did not use the word "cancel" on the subscription page. Customers had to click "Add/remove items from order," uncheck every product, then click "Cancel subscription" and answer three to ten survey questions. The complaint quotes a September 2023 message from two customer service agents calling that path "a bit of a dark pattern." It also alleges that a 2020 internal document credited changes to the California cancellation flow with an 18% drop in cancellations, and that Hims pulled an in-app cancel option in 2023 after cancellations rose, delaying its return to January 2024.
What the Government Wants
The complaint has nine counts. The FTC brings three under Section 5 of the FTC Act, covering the privacy statements, the undisclosed data sharing and the intake flow, and three under the Restore Online Shoppers' Confidence Act, covering the disclosure of subscription terms, consent to charges and simple cancellation. California brings claims under its False Advertising Law and Unfair Competition Law, and Utah brings one under its Consumer Sales Practices Act.The plaintiffs ask for a permanent injunction, monetary relief, civil penalties and costs. California's statutes allow penalties of up to $2,500 per violation. The complaint does not name a dollar figure, and no consumer refund program exists.
How Hims & Hers Has Responded
Hims & Hers denies the allegations and says it will fight them. In statements to the press, the company said its privacy policy lets patients choose how their data is used, argued that the FTC ignored evidence it provided during the investigation and telehealth industry standards, and called the case an effort to generate headlines rather than consumer protection. Hims has not yet filed a formal answer or motion; under a court-approved schedule, its motion to dismiss is due October 22, 2026.The Private Class Actions
Two anonymous plaintiffs filed Doe et al. v. Hims & Hers Health, Inc. on July 30, 2026. It is a proposed class action over the health-data claims, brought by the firms Lowey Dannenberg and Aylstock Witkin Kreis & Overholtz. The case was first assigned to the court's Oakland division as No. 4:26-cv-07941 and now carries No. 3:26-cv-07941 after being reassigned to Judge Chhabria. On September 17, the court let the plaintiffs proceed under pseudonyms.A second suit, J.I. v. Hims & Hers Health, Inc., No. 3:26-cv-08483, was filed August 14, 2026 by Schubert Jonckheer & Kolbe, and a third private case, No. 3:26-cv-08470, followed. On September 16 the court related the FTC case and all three private suits and put them in front of the same judge. An initial case management conference for the group is set for October 30, 2026.
None of these cases has a certified class, a settlement or a claim process. Any money for Hims or Hers users would have to come from a future settlement or judgment in one of them.
These cases are separate from the lawsuits over the Hims & Hers data breach disclosed earlier in 2026.
What Happens Next
Hims & Hers' motion to dismiss the FTC complaint is due October 22, 2026. The government's opposition is due November 25, and Judge Chhabria will hear the motion on January 7, 2027. The October 30 case management conference will likely set the schedule for the private class actions alongside it.Hims and Hers users do not need to do anything now. If a settlement is reached in the government case or the class actions, it will appear in our settlements listing.
Questions
Is there a Hims & Hers settlement or claim form?
No. As of September 18, 2026, neither the FTC case nor the related private class actions has settled, no class has been certified, and there is no claim form, fund or deadline. Hims & Hers denies the allegations, and its motion to dismiss the FTC complaint is due October 22, 2026.
What health information does the FTC say Hims & Hers shared?
The complaint alleges Hims & Hers sent advertising platforms users' email addresses and other identifiers together with labels showing which treatment they signed up for or tried to buy, such as erectile dysfunction, premature ejaculation or mental health care. It alleges this happened through uploaded customer lists and tracking pixels through at least May 2024. The allegations have not been proven.
Which companies allegedly received Hims & Hers users' data?
The complaint focuses on Meta and Snap. It also lists pixels from Microsoft, Google, Criteo, MediaBids, PartnerCentric, PebblePost, Pinterest, Podsights, Reddit, StackAdapt, TikTok, The Trade Desk and X on the Hims website, and alleges many of them captured the same account-signup and purchase events.
Is this the same as the Hims & Hers data breach lawsuit?
No. The data breach lawsuits concern a separate security incident disclosed in 2026. The FTC case is about what Hims & Hers allegedly chose to share with advertising platforms and how it billed and cancelled subscriptions. They are different cases with different plaintiffs.
What happens next in the Hims & Hers FTC case?
Hims & Hers must file its motion to dismiss by October 22, 2026. The government's opposition is due November 25, 2026, and Judge Vince Chhabria has set a hearing for January 7, 2027. An initial case management conference covering the FTC case and the related private suits is set for October 30, 2026.
Sources
• Complaint, FTC et al. v. Hims & Hers Health, Inc., No. 3:26-cv-07871-VC (N.D. Cal.), unredacted version filed August 18, 2026 (Dkt. 28)• Federal Trade Commission — Hims & Hers case page
• Federal Trade Commission — FTC and States Act Against Hims & Hers for Deceptive and Unlawful Privacy Practices (July 29, 2026)
• Docket, FTC et al. v. Hims & Hers Health, Inc., No. 3:26-cv-07871 (PacerMonitor)
• Docket, Doe et al. v. Hims & Hers Health, Inc., No. 3:26-cv-07941 (PacerMonitor)
• Docket, J.I. v. Hims & Hers Health, Inc., No. 3:26-cv-08483 (PacerMonitor)
• TechCrunch — FTC sues Hims & Hers for allegedly sharing patients' medical data with advertisers Meta and Snap (July 30, 2026)
• WFTV — FTC sues Hims & Hers over alleged health data sharing with Meta, Snap
For more class actions keep scrolling below.
Status
Complaint Filed · Motion to Dismiss Due Oct. 22, 2026
Case Title
FTC et al. v. Hims & Hers Health, Inc.
Case Number
3:26-cv-07871-VC
Court
U.S. District Court, Northern District of California
Date Filed
July 29, 2026
Related Class Actions
Doe et al. v. Hims & Hers (3:26-cv-07941) · J.I. v. Hims & Hers (3:26-cv-08483)
Official Website
FTC Hims & Hers Case Page
