Utah Sues Hims & Hers for Charging Consumers Without Consent and Sharing Their 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 mishandling their private health data which was shared with advertisers without consent.

The complaint alleges that Hims promoted a “free consult” that ultimately led consumers to be enrolled in recurring prescription subscriptions based solely on an online intake form, without proper consent or prior consultation with a healthcare provider.
 
When consumers attempted to cancel their subscriptions, Hims forced them through a convoluted process that obscured the cancellation option, forcing them through multiple survey screens and making it difficult to exit the service.
 
In addition to these deceptive practices, Hims is accused of breaching its promises concerning privacy. The company assured consumers that their health information would remain “private and secure,” yet it subsequently shared sensitive data with third-party advertisers, including Meta and Snap. 

“Hims promised a free consult and secure care. 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.
 
“We will not stand idly by while companies exploit consumers’ trust. Hims & Hers not only failed to uphold their promises but also jeopardized the privacy of Utahns who believed their private health information was secure,” said Margaret Woolley Busse, Commissioner of the Utah Department of Commerce. “This lawsuit is a clear message: deceptive practices will not be tolerated in Utah.”

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.