Hims & Hers ($HIMS) Seeks Dismissal of FTC Lawsuit Over Subscriptions and Privacy

Hims & Hers Health ($HIMS) filed a motion on October 22 seeking dismissal of a federal lawsuit brought by the Federal Trade Commission, California authorities, and Utah regulators. The July complaint alleges deceptive subscription billing, difficult cancellation procedures, and misleading representations about sharing consumer health information with advertisers. Hims disputes the allegations and asks the court to dismiss all nine counts.

• Hims argues its privacy policy disclosed that personal information, including certain health-related data, could be shared with advertising partners.
• The company contends that historical fixed-term contracts with installment payments do not qualify as negative-option billing under federal law.
• Hims cites checkout disclosures specifying recurring prescription charges, including an example of $147 every 90 days.
• The company says customers could cancel through telephone, email, or chat, with broader online cancellation introduced in April 2023.
• Hims also argues regulators failed to establish grounds for monetary or injunctive relief.
• U.S. District Judge Vince Chhabria has scheduled a hearing for January 7, 2027.

Relevant Companies

• Hims & Hers Health ($HIMS) - Faces federal and state consumer-protection claims concerning subscriptions, cancellation practices, and data privacy.

Editor’s Note: This is a developing story. This article may be updated as more details become available.