FTC Sues Hims & Hers for Data Sharing With Advertisers

The U.S. Federal Trade Commission (FTC) has filed a lawsuit against Hims & Hers Health, Inc., a telehealth company specializing in sexual wellness and mental health, alleging the company unlawfully shared sensitive personal health information of its customers with third-party advertisers, including Meta Platforms and Snap Inc. The complaint, filed on August 23, 2023, asserts that Hims & Hers utilized website tracking technologies, such as pixels and cookies, to transmit confidential user data to these advertising platforms. This data allegedly included details about the health conditions for which customers sought treatment, such as erectile dysfunction and depression, as well as their names and email addresses. The FTC contends that this practice violates the Health Insurance Portability and Accountability Act (HIPAA) and the FTC Act, which prohibit the deceptive or unfair use and disclosure of personal health information. Hims & Hers, which operates through its websites and mobile applications, collects extensive personal and health information from individuals seeking prescriptions and consultations for various conditions. The lawsuit claims that the company failed to adequately inform users about its data-sharing practices and did not obtain explicit consent before disclosing this information to advertisers for marketing and analytics purposes. According to the FTC's complaint, Hims & Hers's privacy policy was misleading, suggesting that user data would be anonymized or aggregated when, in reality, it was shared in a manner that allowed advertisers to identify and target specific individuals. The commission is seeking a permanent injunction to prevent Hims & Hers from further violating consumer privacy laws, as well as civil penalties and disgorgement of any profits derived from the alleged unlawful data sharing. This action underscores the FTC's ongoing efforts to protect sensitive consumer data, particularly health information, from unauthorized access and exploitation by companies. The agency has previously taken action against other entities for similar privacy violations, emphasizing the critical importance of robust data security and transparent privacy practices in the digital age. The lawsuit against Hims & Hers highlights the risks associated with the increasing integration of health services with online advertising and data analytics, and the need for stringent oversight to safeguard patient confidentiality. The FTC's investigation was prompted by consumer complaints and a review of Hims & Hers's data handling practices. The commission aims to ensure that companies prioritize consumer privacy and comply with federal regulations designed to protect sensitive personal information.