Subscribe To Our Newsletter
Subscribe To Our Newsletter
A proposed federal class action lawsuit (Pearson et al. v. Hims & Hers Health, Inc.) filed in California alleges that telehealth giant Hims & Hers Health, Inc. secretively transmits users’ sensitive medical information to third-party advertising platforms.
A new federal class action lawsuit alleges that telehealth provider Hims & Hers Health, Inc. secretively shares highly sensitive patient health details with major tech platforms like Meta and Google without patient knowledge or consent. The lawsuit also claims the company misleads consumers with “free” consults while quietly enrolling them in hard-to-cancel auto-recurring prescription subscriptions.
A proposed class action lawsuit filed on August 14, 2026, in California federal court claims that Hims & Hers Health, Inc. uses hidden tracking software—including tracking pixels and software development kits (SDKs)—to transmit private medical information from its app and website directly to third-party tech and advertising companies.
The 88-page complaint contends that when everyday people seek online medical care for personal health issues like hair loss, sexual wellness, erectile dysfunction, hormone balance, mental health, and weight loss, their private intake responses are intercepted by outside companies.
According to the lawsuit, third parties receiving this unencrypted data include Meta, Google, Snap, and Amplitude, among others. Plaintiffs maintain that these advertising networks use the sensitive health details to build distinct digital profiles and target patients with specific ads, violating core consumer privacy rights.
The lawsuit details how the platform’s onboarding process allegedly exposes sensitive health data the moment a patient seeks treatment. Before receiving care, users must complete an online medical intake form detailing their current symptoms, past medical history, lifestyle details, and specific health goals, along with personal identity verification.
Rather than keeping these sensitive details strictly confidential between patients and licensed healthcare professionals, Hims & Hers allegedly transmits unaggregated intake responses—tied directly to personal identity markers—to external marketing platforms.
The legal action asserts that consumers have a reasonable expectation that sensitive discussions about personal health remain confidential. The lawsuit alleges these secret disclosures violate federal and state privacy statutes, including the Electronic Communications Privacy Act, the California Invasion of Privacy Act, and the California Confidentiality of Medical Information Act.
Beyond privacy allegations, the lawsuit targets the telehealth brand’s billing and subscription enrollment methods. According to the complaint, Hims & Hers markets its services by offering a “free consult” with a medical provider once a user completes the digital intake form.
However, the lawsuit claims that most users never receive a real-time or interactive consultation with a healthcare professional. Instead, completing the intake questionnaire triggers an automatic prescription order, immediately charging the user’s payment card without explicit authorization for the recurring expense.
The suit contends that patients are unknowingly enrolled in auto-renewing prescription subscription plans, violating the California Automatic Renewal Law and the California Consumers Legal Remedies Act. Consumers often discover they have been signed up for recurring deliveries only after seeing unexpected charges on their bank or credit card statements.
When consumers attempt to end these unwanted recurring prescription orders, the complaint alleges that Hims & Hers subjects them to a series of misleading digital design choices—often referred to as “dark patterns”—that make cancellation extraordinarily frustrating.
The complaint points to a cancellation process introduced in April 2023, where users seeking to cancel a plan must first navigate to a account page that provides no obvious cancellation button. Patients must figure out that ending their plan requires selecting an “Add/remove items from order” option and manually unchecking every individual treatment box.
Only after unchecking each item are users shown a cancellation button. Even then, the lawsuit states that patients are forced to navigate through three to 10 separate survey screens re-confirming their desire to cancel, creating unnecessary friction designed to keep billing recurring payments.
The class action comes on the heels of increasing regulatory scrutiny surrounding health privacy and online subscription models. On July 29, 2026, the Federal Trade Commission (FTC) filed an administrative complaint highlighting similar concerns regarding the company’s privacy claims and consumer billing representations.
State and federal laws strictly prohibit health service providers from misrepresenting how patient medical records are stored, shared, or monetized. When telehealth platforms promise total privacy while simultaneously operating tracking scripts that feed data to commercial ad networks, they open themselves to substantial legal liability.
If you used telehealth services expecting your private health history to stay between you and your doctor, you deserve transparency about where your data actually went. Holding major health tech corporations accountable ensures that digital medical care remains safe and trustworthy for everyone.
You may be eligible to participate or seek recovery if you meet any of the following criteria:
Health Privacy Class: You are a U.S. resident who used the Hims or Hers app or website to seek treatment or fill out an intake form, and your personal or medical information was shared with third-party tracking or advertising companies without your consent.
Subscription & Billing Class: You are a U.S. resident who paid for a Hims or Hers subscription after being misled by “free consult” offers or were subjected to recurring subscription charges that were difficult to cancel.
Because this class action lawsuit (Pearson et al. v. Hims & Hers Health, Inc.) was recently filed, no settlement has been reached yet, and there is no guaranteed payout at this stage. However, qualifying consumers who share their experiences can help strengthen the legal case.
New cases and investigations, settlement deadlines, and news straight to your inbox.
