Data Privacy and Cybersecurity I AUGUST 5, 2026

FTC Lawsuit Against Hims & Hers Signals Increased Scrutiny of Digital Health Privacy Practices

A recent Law360 article examines the Federal Trade Commission's lawsuit against telehealth provider Hims & Hers, alleging deceptive billing practices, unauthorized charges, difficult cancellation procedures, and the improper sharing of consumers' sensitive health information with third-party advertising platforms.

The case is being closely watched across the healthcare and technology sectors as a potential indicator of heightened regulatory oversight of digital health companies. In particular, the FTC's allegations concerning the use of website tracking technologies and the handling of consumer health data underscore the growing focus on privacy compliance in the telehealth industry.

Rita Garry, who focuses on data privacy, noted that the lawsuit centers on allegations that the company publicly promised strong privacy protections while engaging in practices that contradicted those representations. Garry observed that the complaint covers a broad range of issues, including advertising claims, billing practices, subscription management, and consumer privacy disclosures.

The case highlights the increasing regulatory risks organizations face when collecting, using, and sharing sensitive personal information, particularly in healthcare-related settings. It also serves as a reminder that companies may be subject to privacy and consumer protection enforcement even when they are not governed by HIPAA's covered entity requirements.

This summary is based on the Law360 article, “FTC Takes Big Swing In Hims & Hers Privacy Suit" by Yeji Jesse Lee, published on August 4, 2026.