Hims & Hers Health class action lawsuit overview:
- Who: A consumer filed a class action lawsuit against Hims & Hers Health Inc.
- Why: The plaintiff alleges Hims disclosed consumers’ sensitive health information to third parties without their consent.
- Where: The Hims class action lawsuit was filed in Florida federal court.
A new class action lawsuit accuses Hims and Hers Health of using web tracking to gather and disclose consumers’ sensitive health information to third parties without consent.
Plaintiff Johnathon Holbrook filed the class action complaint against Hims & Hers Health on Sept. 1 in Florida federal court, alleging violations of the Florida Security of Communications Act and other laws.
Holbrook claims Hims used website tracking technologies on its website, www.hims.com, to collect and share user information without providing consumers with prior notice or obtaining their consent.
According to the website tracking lawsuit, Hims is a telehealth company that sells prescription treatments for erectile dysfunction, premature ejaculation, hair loss, weight loss, depression and anxiety, low testosterone, acne and skin conditions to about 1.1 million active subscribers.
The complaint claims that every prescription purchase begins with an online intake questionnaire. To use the service, a visitor must disclose their treated condition, symptoms and their impact, treatment goals, current mood, family medical history and date of birth.
Hoblrook alleges the company collected and disclosed consumers’ health information and electronic communications, including to companies such as Amplitude, Datadog, Meta, Snap, Reddit, Microsoft, Pinterest, Google and The Trade Desk.
Hims shared information to boost ad revenue, lawsuit claims
The Hims class action lawsuit alleges the website used tracking technologies not only to unlawfully acquire consumers’ health information but also to do so in real time.
According to the complaint, when a consumer selected an answer to a health question on the Hims website, that information was transmitted to Amplitude, an outside product-analytics company, and written into a durable per-person profile on Amplitude’s servers.
Similarly, when a consumer viewed a health-condition or prescription-product page on a Hims website, that visit was transmitted to advertising platforms, such as Meta, Snap, Reddit, Microsoft, Pinterest and Google, the lawsuit alleges.
Holbrook alleges that Hims used this information to boost its advertising revenue. He argues that Hims.com’s privacy policy did not disclose that the company shared consumers’ health information with third-party companies and that it failed to obtain consumers’ consent to share such sensitive information.
The class action lawsuit seeks to represent all individuals residing in Florida who visited Hims’ website and whose electronic communications were intercepted by one or more third-party website tracking technologies deployed by Hims within the applicable limitations period.
The website tracking lawsuit asserts claims for violations of the Florida Security of Communications Act and the Florida Deceptive and Unfair Trade Practices Act as well as breach of confidence and unjust enrichment.
The plaintiff demands a jury trial seeking damages, restitution, disgorgement and injunctive relief.
Concurrently, Hims is facing a lawsuit led by the Federal Trade Commission alleging the company charged consumers for prescription medication subscriptions they never agreed to purchase and deceived them about billing practices.
What do you think of the allegations made in this Hims & Hers Health class action lawsuit? Let us know in the comments.
The plaintiff is represented by Adam A. Schwartzbaum of Schwartzbaum P.A.
The Hims & Hers Health class action lawsuit is Holbrook v. Hims & Hers Health Inc., Case No. 3:26-cv-02286, in the U.S. District Court for the Middle District of Florida.
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