The office of the Utah Attorney General has announced that the state, including the Utah Department of Commerce's Division of Consumer Protection, has joined in a lawsuit against a San Francisco company, claiming the firm charged consumers for subscriptions they never authorized and mishandled their private health data which was shared with advertisers without consent.
The U.S. Federal Trade Commission and the state of California are also plaintiffs in the action.
The suit was filed in federal court for the Northern District of California against Hims & Hers Health Inc. and alleges the company violated the Utah Consumer Sales Practices Act, along with several California and federal statutes.
Hims & Hers is an online telehealth platform that connects patients with medical providers for remote consultations and direct-to-consumer prescription treatments. The company primarily treats sexual health, hair loss, mental health and weight loss.
The complaint alleges that Hims & Hers 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 & Hers 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, the complaint alleges. In addition to these deceptive practices, Hims & Hers 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," said Utah Attorney General Derek Brown. "We're not letting Hims profit off broken promises — that's why we're taking them to court."
"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."
The action seeks not only a permanent injunction against Hims & Hers, but also restitution for affected consumers, civil penalties and the disgorgement of profits obtained through the alleged unlawful practices.
Utahns affected by Hims & Hers practices can file a complaint at consumerprotection.utah.gov.
