Wisconsin joins lawsuit against Hims & Hers over health privacy and billing

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MADISON, Wis. — Wisconsin Attorney General Josh Kaul announced Friday, Nov. 13, that the state has joined the Federal Trade Commission and six other states in a lawsuit accusing telehealth provider Hims & Hers Health Inc. of sharing sensitive customer health information with advertisers and misleading customers about prescription charges and subscription cancellations.

The amended complaint alleges that Hims & Hers shared customer health information with Meta, Snap and other third parties despite telling customers their information would remain private. The lawsuit also alleges that the company charged customers for prescriptions almost immediately after they submitted an intake form without clearly disclosing when the charge would occur. Customers had been told they could consult with a medical provider to find a treatment that fit their needs.

The FTC and the states also allege that Hims & Hers made subscriptions difficult to cancel. The amended complaint alleges violations of state consumer protection laws, the FTC Act and the federal Restore Online Shoppers’ Confidence Act.

“Folks should be able to rely on representations that their privacy will be protected,” Kaul said. “And it’s particularly important that they be able to do so with respect to sensitive information about their health.”

Wisconsin is seeking a permanent court order to stop the alleged practices, restitution for affected consumers, civil forfeitures and costs. Arizona, California, Florida, Nebraska, Ohio and Utah are also part of the lawsuit.

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