FTC Continues Investigation into Hims & Hers Health, Inc. as Lowey Dannenberg Files Class Action Complaint on Behalf of Consumers

NEW YORK, Aug. 11, 2026 (GLOBE NEWSWIRE) -- Lowey Dannenberg, P.C. (“Lowey”) announces that it filed the first class action complaint against Hims & Hers Health, Inc. (“Hims & Hers”) on behalf of consumers of the Hims & Hers telehealth platforms—one day after the Federal Trade Commission (“FTC”), joined by the People of the State of California and the Utah Division of Consumer Protection, filed its civil enforcement action against the company.

Lowey’s complaint follows its own independent investigation into Hims & Hers’ practices, which remains ongoing.

The class action alleges that Hims & Hers misrepresented the privacy of its platform and secretly shared consumers’ sensitive health information with third-party advertisers without consent.

The FTC Investigation into Hims & Hers’ Privacy Violations

In October of 2023, the FTC issued a Civil Investigative Demand to Hims & Hers seeking documents related to potential violations of the FTC Act and the Restore Online Shoppers’ Confidence Act (ROSCA). The investigation then culminated on July 29, 2026, when the FTC—joined by the People of the State of California (acting through Los Angeles County Counsel Dawyn R. Harrison) and the Utah Division of Consumer Protection—filed a civil enforcement complaint against Hims & Hers in the U.S. District Court for the Northern District of California (Case No. 3:26-cv-07871).

The FTC complaint alleges that Hims & Hers violated:

• Section 5(a) of the FTC Act, 15 U.S.C. § 45(a);
• Section 4 of the ROSCA, 15 U.S.C. § 8403;
• California’s Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.); and
• the Utah Consumer Sales Practices Act, part of Utah Code § 13-11-4(1).
  
  

Deceptive Billing and Subscription Practices

According to the complaint by the FTC, Hims & Hers advertised “free consultations” and told consumers filling out its online medical intake forms that they would “only be charged if prescribed”—while, in practice, routinely charging and enrolling consumers in recurring prescription subscriptions almost immediately after a provider reviewed their intake form, often without ever offering a genuine consultation. The complaint further alleges that Hims & Hers made it difficult for consumers to cancel subscriptions.

Alleged Misuse of Sensitive Health Information

The FTC complaint also alleges that Hims & Hers repeatedly assured consumers their health information was private and would be seen only by their medical providers. However, “[i]nstead of honoring its privacy promises, Hims [& Hers] opted to grow the company and increase its revenue streams... with advertising platforms such as Meta and Snap.”

Lowey's Investigation & Class Action Complaint

Lowey was the first law firm to file a consumer class action against Hims & Hers alleging that sensitive health information was disclosed to Meta Platforms, Inc., Google LLC, Snap Inc., and other advertising platforms without adequate disclosure or consent.

The complaint arises from Lowey’s own investigation into Hims & Hers’ potential violations of, but not limited to, the California Invasion of Privacy Act, Common Law Invasion of Privacy - Intrusion Upon Seclusion, the California Confidentiality of Medical Information Act, and the Electronic Communications Privacy Act, among other claims. The class action seeks, among other relief, damages, restitution, and injunctive relief requiring Hims & Hers to change its practices.

Christian Levis, Partner and Chair of the Data Privacy Practice at Lowey, said: “This complaint reflects our leadership in the privacy space and specifically our commitment to protecting individuals’ private health data.”

Amanda Fiorilla, Partner and Vice Chair of the Data Privacy Practice at Lowey, added: “That companies are still sharing private health data through pixels, software development kits, and similar technologies is unacceptable in light of the clear guidance from government regulators that such practices are inappropriate.”

If you subscribed to Hims & Hers and are interested in participating in this class action, you can complete a short eligibility form and create an account through the case management platform, Claim Magic, at: https://claimmagic.com/cases/himshers-privacy-investigation

Claim Magic is a centralized system for managing your interactions with lawyers working on this investigation, as well as any other legal claims you may qualify for. You must have a Claim Magic account to pursue a claim.

It is completely FREE to check your eligibility and create an account on Claim Magic. You will not be charged, regardless of your eligibility for a case.

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About Lowey Dannenberg, P.C.

Lowey Dannenberg, P.C. is a nationally recognized law firm representing individuals, businesses, and institutional investors in complex litigation and mass arbitration, including antitrust, securities, healthcare, commodities, data privacy, and consumer protection matters. For over 50 years, the firm has achieved landmark recoveries and has built a reputation for excellence, integrity, and innovative legal strategy.

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