Utah sues Hims & Hers for charging consumers without consent and sharing private health data 

SALT LAKE CITY—The Utah Department of Commerce’s Division of Consumer Protection and the Office of the Utah Attorney General have joined the Federal Trade Commission (FTC) and the State of California in a federal lawsuit against telehealth company Hims & Hers Health, Inc. (Hims). The complaint, filed July 29 in the Northern District of California, alleges Hims violated the Utah Consumer Sales Practices Act by improperly charging consumers for subscriptions they never authorized and improperly sharing their private health data with advertisers without consent. 

The complaint alleges that Hims promoted a “free consult” that ultimately enrolled customers in recurring prescription subscriptions based solely on an online intake form, without proper consent or prior consultation with a healthcare provider.  

The complaint alleges that when consumers attempted to cancel their subscriptions, Hims forced them through a convoluted process that obscured the cancellation option, funneling them through multiple survey screens and making it difficult to exit the service. 

In addition to these alleged practices, Hims is accused of breaching its promises concerning privacy. The company assured consumers that their health information would remain “private and secure,” yet the complaint alleges it shared sensitive data with third-party advertisers, including Meta and Snap. 

“Hims promised a free consult and private healthcare. What Utahns actually got was a subscription trap and their most personal health data shipped to advertisers. We’re not letting Hims profit off broken promises. That’s why we’re taking them to court,” said Attorney General Derek Brown. 

Margaret Woolley Busse, Commissioner of the Utah Department of Commerce, emphasized the need for accountability, saying, “Our aim is to restore trust and protect consumers from deceptive practices. Hims’ actions not only violate the law but also undermine Utahns’ confidence in healthcare providers. We are committed to ensuring that consumers feel safe and respected in their transactions.” 

With the FTC and California, Utah’s legal action seeks not only a permanent injunction against Hims but also restitution for affected consumers, civil penalties, and the disgorgement of profits obtained through these unlawful practices. Affected consumers are encouraged to file complaints at consumerprotection.utah.gov.