Hims & Hers FTC Lawsuit: Meta, Snap Data and Key Dates

According to the government’s complaint, one of the advertising audiences Hims & Hers built on Meta was named “All Time Hims ED Purchasers.” That name is one example in a complaint the Federal Trade Commission, the Utah Division of Consumer Protection and the People of the State of California, acting through Los Angeles County Counsel, filed against Hims & Hers Health, Inc. on July 29, 2026. The case, Federal Trade Commission et al. v. Hims & Hers Health, Inc., No. 3:26-cv-07871-VC in the U.S. District Court for the Northern District of California, accuses the San Francisco telehealth company of two things: sharing patients’ treatment interests with advertising platforms while promising privacy, and signing customers up for prescription subscriptions that were billed early and hard to cancel. Three private suits followed. Hims & Hers denies the allegations, and nothing has been decided.

Status: government complaint filed July 29, 2026; related private class actions pending before Judge Vince Chhabria | No settlement — no refund program, nothing to claim

The Dates That Matter

July 29, 2026	FTC, Utah and California file suit
July 30, 2026	Doe et al. v. Hims & Hers Health, Inc. filed as a proposed class action over the health-data claims
August 14, 2026	J.I. v. Hims & Hers Health, Inc., No. 3:26-cv-08483, filed
August 18, 2026	Unredacted government complaint filed (Dkt. 28)
September 16	Court relates the FTC case and all three private suits before the same judge
September 17	Doe plaintiffs allowed to proceed under pseudonyms
October 22, 2026	Hims & Hers’ motion to dismiss the FTC complaint due
October 30, 2026	Initial case management conference for the group of cases
November 25, 2026	Government’s opposition due
January 7, 2027	Hearing on the motion to dismiss

The Customer Lists Sent to Meta and Snap

The FTC says Hims shared “Events,” records of a visitor creating an account to seek a specific treatment (a “Complete Registration”) or submitting a medical intake form (a “Purchase”), through at least May 2024. Hims & Hers sells treatments for hair loss, sexual health, mental health, skin care and weight loss through Hims.com and ForHers.com.

Meta uploads. Between September 2020 and June 2023, Hims allegedly uploaded about 14 million customer email addresses to Meta, which matched about 10 million to Facebook and Instagram accounts.
Lookalike audiences. Between March 2020 and September 2023, Hims allegedly built 90 “Lookalike Audiences” from customer emails, with names that disclosed the treatment.
Code names. Some lists used code words, but the complaint says Meta’s own marketing emails decoded them: “Apollo” meant mental health, “Atlas” premature ejaculation and “Zeus” erectile dysfunction.
Snap uploads. Five lists, with names such as “All_Time_Hers_Psych_Signups” and “AllTime_RX_PEJ_06082022,” allegedly held more than 1 million email addresses.

Tracking code did the rest, according to the complaint. The Meta Pixel and Meta’s Conversions API allegedly sent registration and purchase events to Meta about 8 million times, each with identifiers such as an email or IP address and custom fields naming the treatment category. Pixels from Microsoft, Google, Criteo, MediaBids, PartnerCentric, PebblePost, Pinterest, Podsights, Reddit, StackAdapt, TikTok, The Trade Desk and X were also on the Hims site, and many allegedly captured the same events.

The Privacy Promises

The deception theory rests on what Hims told patients. Until at least late August 2023, its homepage answered “How does Hims ensure patient privacy?” by saying medical records and sensitive information are only accessed by the providers managing a patient’s care. Ads promised a “100% online, private, and secure process,” paid influencers called the service “discreet,” and TV, radio and podcast spots described it as “totally private,” the complaint says.

The Billing Allegations

Charged before a consultation. Ads and intake screens promised a “free consult” or “free provider evaluation,” and the last screen showed “Due Now $0” and “Pay $0 today,” with “You will only be charged if prescribed.” The FTC says most customers never had a consultation. In states without a live-visit requirement, providers reviewed the form and prescribed, and Hims charged the customer and started a recurring subscription right away, often before they saw what was prescribed. The automatic-subscription disclosure allegedly sat in small, low-contrast type below the button, and the complaint says hundreds of thousands of consumers were affected.

Early refills. The first refill was allegedly charged 10 days before the schedule the customer picked, so a monthly subscriber was billed on day 20 and had to cancel by day 18. Later refills could come up to two more days early, generally with no reminder.

A hard path out. Before April 2023, most customers had to contact customer service and give a date of birth and past order number to cancel. The complaint says understaffed agents missed hundreds of calls a week, and that from around late 2022 Hims removed its phone number from its FAQ pages, including the one on cancelling. The April 2023 online flow never used the word “cancel” on the subscription page; customers clicked “Add/remove items from order,” unchecked every product, then hit “Cancel subscription” and answered three to ten survey questions. Two agents called it “a bit of a dark pattern” in September 2023, the FTC says. A 2020 internal document allegedly credited changes to the California cancellation flow with an 18% drop in cancellations, and an in-app cancel option pulled in 2023 did not return until January 2024.

What the Government Seeks

The nine counts include three FTC Act Section 5 claims (the privacy statements, the undisclosed sharing and the intake flow), three Restore Online Shoppers’ Confidence Act claims (subscription disclosures, consent to charges and simple cancellation), California False Advertising Law and Unfair Competition Law claims, and a Utah Consumer Sales Practices Act claim. The plaintiffs want a permanent injunction, monetary relief, civil penalties and costs. California’s statutes allow penalties of up to $2,500 per violation. No dollar figure is named.

Hims & Hers’ Response

The company denies the allegations and says it will fight them. In press statements it said its privacy policy lets patients choose how their data is used, argued the FTC ignored evidence it provided and telehealth industry standards, and called the case an effort to generate headlines rather than consumer protection.

The Private Class Actions

Doe et al. v. Hims & Hers Health, Inc., brought by Lowey Dannenberg and Aylstock Witkin Kreis & Overholtz, was first assigned to the Oakland division as No. 4:26-cv-07941 and now carries No. 3:26-cv-07941. J.I. was filed by Schubert Jonckheer & Kolbe, and a third private case, No. 3:26-cv-08470, followed. None has a certified class or a settlement. Any money for Hims or Hers users would have to come from a future settlement or judgment. These cases are separate from the Hims & Hers data breach lawsuits. The OpenClassActions.com Hims & Hers health data page follows all of them, and the FTC’s Hims & Hers case page posts the government’s filings.

Frequently Asked Questions

Is there a Hims & Hers settlement or refund program?

No. As of September 18, 2026, neither the FTC case nor the related private class actions had settled, no class had been certified, and there was no claim form, fund or deadline. Hims & Hers denies the allegations.

What health information does the FTC say Hims & Hers shared?

The complaint alleges Hims & Hers sent advertising platforms users’ email addresses and other identifiers together with labels showing which treatment they signed up for or tried to buy, such as erectile dysfunction, premature ejaculation or mental health care, through uploaded customer lists and tracking pixels through at least May 2024. None of it has been proven.

What did the code names in the customer lists mean?

According to the FTC complaint, some list names used code words, and Meta’s own marketing emails decoded them: Apollo meant mental health, Atlas meant premature ejaculation and Zeus meant erectile dysfunction.

Is this the same as the Hims & Hers data breach lawsuit?

No. The data breach lawsuits concern a separate security incident disclosed in 2026. The FTC case and the related class actions are about what Hims & Hers allegedly chose to share with advertising platforms and how it billed and cancelled subscriptions.

When does the court consider Hims & Hers’ motion to dismiss?

Hims & Hers’ motion to dismiss the FTC complaint is due October 22, 2026. The government’s opposition is due November 25, 2026, and Judge Vince Chhabria has set a hearing for January 7, 2027.

Sources

Source and credit: this report builds on our sister site’s coverage — OpenClassActions.com: Hims & Hers Accused of Sharing Patients’ Health Data With Meta and Snap — which follows the case and is updated as new filings, orders and payment news come in.

Legal Disclaimer

This article is for informational purposes only and is not legal advice. OpenClassActions.org is a consumer news site, not a law firm, and is not affiliated with any party to the matters described. Allegations are allegations until a court rules on them, and court schedules and outcomes can change.