Five more states join FTC lawsuit against telehealth provider Hims & Hers over privacy practices
Arizona, Florida, Nebraska, Ohio and Wisconsin become co-plaintiffs in an amended complaint alleging deceptive health-data sharing and unfair billing and cancellation practices.
The US Federal Trade Commission has filed an amended complaint in its case against telehealth provider Hims & Hers, adding five states as co-plaintiffs. Arizona, Florida, Nebraska, Ohio and Wisconsin join Utah and California in the action, which is being heard in the US District Court for the Northern District of California.
According to the FTC, the complaint alleges that the company shared sensitive health information with advertising platforms, including Meta and Snap, despite making privacy claims to consumers. It also alleges deceptive billing and cancellation practices.
The claims are brought under the FTC Act, the Restore Online Shoppers' Confidence Act (ROSCA) and state consumer protection laws. ROSCA is the US statute that governs online subscription and negative-option sales practices, including how cancellation is handled.
The addition of five states to the two already involved points to broader multi-state scrutiny of health-data privacy and subscription practices in telehealth prescribing. The allegations have not been adjudicated, and the material available to VigiEye does not set out the company's response or the relief sought.
What it means for your team
- Telehealth and digital-health operators should check that marketing and analytics tools, including advertising pixels, are consistent with the privacy statements made to patients.
- Subscription-based prescribing models face combined federal and state exposure on billing transparency and cancellation ease under ROSCA and state consumer laws.
- Compliance teams should expect state attorneys general to act alongside the FTC, widening enforcement beyond a single regulator.
- Partners such as pharmacies, manufacturers and market-access teams working with direct-to-consumer platforms may wish to review data-sharing and consumer-facing practices in those arrangements.
Article written by VigiEye from the official source (FTC). AI-assisted; check the source before acting.