Customers of Hims & Hers are reporting that the telehealth company enrolled them in ongoing subscription services without clear disclosure of what they were purchasing or how to cancel. Multiple investigations are underway into whether the company’s enrollment and billing practices violated the federal Restore Online Shoppers’ Confidence Act (ROSCA), which requires explicit consumer consent before automatic charges.
The Ahdoot & Wolfson law firm is currently investigating these practices, and consumers have filed over 500 complaints with the Better Business Bureau in the last three years, citing continued charges even after multiple cancellation attempts. We’ll also examine how the company’s recent patent settlement with Novo Nordisk (March 2026) relates to these billing practices and what regulatory scrutiny the company faces.
Table of Contents
- What Are Consumers Claiming About Hims & Hers Subscription Enrollment?
- How Widespread Are Billing and Cancellation Problems?
- What Is ROSCA and Why Does It Matter for These Claims?
- How Do Cancellation Barriers Relate to the Class Action?
- What Has the FDA Found About Hims & Hers Marketing?
- What Remedies and Damages Are Possible?
- What’s Next for Hims & Hers and Affected Customers?
What Are Consumers Claiming About Hims & Hers Subscription Enrollment?
The primary allegation is that Hims & Hers charged customers’ credit cards without sufficiently clear upfront notice that they were agreeing to an ongoing subscription—not a one-time purchase. Consumers report selecting what they believed was a one-time telehealth consultation or medication order, only to discover recurring charges days or weeks later. In some cases, users state they were never explicitly told they were entering a subscription at all, or the disclosure was buried in fine print at checkout.
The investigation focuses on whether the company followed ROSCA, the federal law that requires online retailers to obtain clear and conspicuous consent before initiating automatic recurring charges. ROSCA also mandates that cancellation must be as easy as enrollment—meaning if customers signed up with a single click, cancellation shouldn’t require calling a support line or navigating a phone system. According to reports from affected users, Hims & Hers made cancellation deliberately difficult, requiring customers to confirm cancellation multiple times or submit requests through multiple channels before charges actually stopped.
How Widespread Are Billing and Cancellation Problems?
The Better Business Bureau has recorded over 500 complaints against Hims & Hers in the last three years, with the most common issues being cancellation difficulties, unexpected charges, refund problems, and poor customer service responsiveness. This complaint volume is significant for a telehealth company and suggests a systemic pattern rather than isolated customer service failures. The complaints consistently mention the same problems: users attempting cancellation through the app or website but continuing to see charges, or being told they must contact support directly—a barrier ROSCA specifically prohibits.
One notable pattern in user reports is the “multiple confirmation” requirement. Customers describe having to confirm cancellation three or more times across different pages or communications channels before the subscription actually stopped. Credit card dispute documents filed by consumers show that Hims & Hers customer service representatives sometimes denied that cancellation requests were processed, even when users provided email confirmations. However, not all Hims & Hers customers experience billing problems—the issues appear concentrated among users who signed up for weight-loss medications (GLP-1 products) or prescription treatments without fully reading the enrollment terms.
What Is ROSCA and Why Does It Matter for These Claims?
The Restore Online Shoppers’ Confidence Act (ROSCA) is a federal law that prohibits online retailers from charging customers’ credit cards without clear advance disclosure and affirmative consent to recurring charges. The law applies to telehealth companies like Hims & Hers because they conduct transactions online and offer subscription-based services. Under ROSCA, companies must clearly disclose the terms of the negative option (the subscription), including the amount, frequency, duration, and cancellation policy.
Violations can result in civil penalties per transaction. The Lyon Firm, which specializes in consumer protection litigation, has identified Hims & Hers practices as potential ROSCA violations because of the alleged lack of clear notice and the barriers to cancellation. ROSCA enforcement cases typically focus on three elements: Was the terms page clearly visible at checkout? Did the customer affirmatively agree to the subscription terms? Could cancellation be completed through the same mechanism used for enrollment (e.g., if you signed up with one click, you should cancel with one click)? If investigators find that Hims & Hers failed on any of these elements, it strengthens a potential class action claim. A critical limitation is that ROSCA only applies to “negative option” services—if customers genuinely agreed to a subscription in writing with full knowledge, the law may not apply, which is why the case hinges on whether “clear notice” actually existed.
How Do Cancellation Barriers Relate to the Class Action?
One of the most actionable aspects of a potential class action against Hims & Hers is the alleged difficulty customers faced in actually stopping their subscriptions. Users report that the company made cancellation available only through a phone call to customer service or a buried email address, rather than through the same online portal where they enrolled. This design creates a “friction” barrier to cancellation—a delay tactic that is explicitly prohibited under ROSCA. If customers could click “Subscribe” in the app but had to call a support line to unsubscribe, that’s evidence of a violation.
Compare this to legitimate subscription services: Netflix, for example, allows cancellation directly from your account settings in seconds. Hims & Hers’ reported model—requiring phone calls, multiple confirmation steps, or email requests—mirrors the deceptive billing practices that led to FTC enforcement actions against companies like AMZ Supplements and PlanetFitness. The distinction matters because it shows intent or at least negligence. A company can make a mistake in its enrollment disclosures and still face liability; but if the company also deliberately obscured the cancellation process, a court is more likely to find willful deception, which can lead to higher damages awards.
What Has the FDA Found About Hims & Hers Marketing?
In September 2025, the FDA issued a warning letter to Hims & Hers regarding deceptive marketing claims about compounded GLP-1 semaglutide products. The agency found that the company made unsubstantiated claims about the safety and efficacy of its off-brand weight-loss medications. While this FDA action doesn’t directly address subscription enrollment, it shows a pattern of regulatory concern about the company’s transparency and marketing practices. The warning letter is relevant to a class action because it demonstrates the company faces broader scrutiny for potentially misleading customers.
Notably, the regulatory landscape shifted dramatically for Hims & Hers when it reached a settlement with Novo Nordisk on March 9, 2026. Under that settlement, Hims & Hers ended its distribution of compounded “knockoff” GLP-1 products and became an authorized distributor of branded Ozempic and Wegovy instead. This transition suggests the company may be shifting away from the aggressive, loosely-regulated marketing practices that prompted the FDA warning. However, this does not resolve past subscription billing issues—customers who were charged unauthorized subscriptions before the settlement still have potential claims.
What Remedies and Damages Are Possible?
If a class action against Hims & Hers proceeds, potential remedies could include refunds of unauthorized charges, statutory damages (ROSCA allows penalties ranging from $43 to $145 per violation, multiplied by the number of unauthorized charges), and restitution. Class members would typically receive either a cash settlement payment or credit toward future services, depending on how the lawsuit settles. In a typical subscription fraud class action, the settlement may be structured to pay out a percentage of overdrafts customers can document, capped at their actual losses.
A limitation to understand is that if you received the medications or services that were charged to you (even if you didn’t clearly consent to the subscription), your damages claim may be reduced. Courts sometimes distinguish between “unauthorized billing” (you paid but got nothing) and “deceptive enrollment” (you paid for something you did use, but didn’t knowingly consent to the ongoing charge). The stronger claims come from customers who were charged after they believed they canceled, or who paid but never received services. Documentation—such as screenshots of cancellation attempts, credit card statements showing repeated charges, customer service emails, and copies of billing disputes—will strengthen any claim you file.
What’s Next for Hims & Hers and Affected Customers?
As of March 2026, no finalized settlement specifically addressing subscription enrollment and billing practices has been announced. The Ahdoot & Wolfson investigation remains ongoing, and The Lyon Firm continues to accept new client information about billing complaints. The company is navigating both the potential class action liability and regulatory scrutiny from the FDA, which may incentivize it to settle claims quickly to avoid further reputational damage.
The Novo Nordisk settlement and the company’s shift to authorized distribution channels suggest Hims & Hers is attempting to rebrand as a more compliant, regulated player in telehealth. However, this rebranding does not erase past customer harm. If a class action settles in the coming months, it may cover billing practices from a specified time period (for example, 2022-2026), so customers harmed during that window should file claim forms to receive compensation. Monitoring official settlement websites and the law firms investigating these claims is the best way to stay informed about your eligibility.