Arizona, Florida, Nebraska, Ohio and Wisconsin joined the Federal Trade Commission's lawsuit against Hims & Hers on Tuesday. The amended complaint adds claims under those states' consumer protection laws to an existing federal case over the telehealth company's data sharing, billing and cancellation practices. Hims & Hers disputes the allegations.
The new filing gives the states a role in seeking remedies in the same case. It sets no refund amount or claim deadline. Customers who want to stop a renewal can check the next order date on their account now, under the company's existing terms.
What the states added
The FTC sued in July alongside Utah and California, which is represented by Los Angeles County. The five additional states brought their claims in that same case in the U.S. District Court for the Northern District of California. The FTC case page has the filings under case number 3:26-cv-07871-VC.
The governments are asking for a permanent court order to prevent future violations and for money and other relief the court can award. Several states make specific requests. Florida seeks restitution and refunds of money paid, while Nebraska seeks restitution for its consumers. The plaintiffs also seek state civil penalties. A penalty and a customer payment are separate forms of relief. The court has yet to establish a payment program in this case.
In its quarterly SEC filing, Hims & Hers said it had recorded an accounting accrual of about $60 million for the matter as of Sept. 30. That is the company's accounting estimate for the case. The filing says the estimate could change materially as litigation proceeds. The company also disclosed a separate proposed consumer class action based on substantially the same facts. The FTC filing does not determine whether that case can proceed as a class action.
What the complaint says about billing and privacy
The plaintiffs allege that some customers were charged for prescriptions before they had an opportunity to consult with a provider. They also allege that the company made subscription cancellation difficult and did not clearly disclose when some refill charges would be processed. The complaint gives a monthly-plan example in which the first refill charge came on day 20 and the cutoff to avoid it was day 18. Those are allegations about the practices described in the filing. Subscribers should look at the date displayed on their own plan today.
The complaint also alleges that Hims & Hers used tracking tools to send sensitive information to advertising platforms, including Meta and Snap. In its July response, the company said patients could choose how their information was used and that information they shared with their clinicians was used only for care. A spokesperson told Reuters Tuesday that the company would fight the new claims, which it says rely on the same disputed allegations.
What subscribers can check now
The company's cancellation instructions direct customers to the subscription they want to manage in the app or on the website. Check the processing date and read the terms for that plan before making a change. The company says ending a subscription does not cancel an order that is already processing or has shipped. Rescheduling a refill also leaves the subscription active.
The company's current terms give one example of why the plan matters. For weight-loss medication renewals, the terms say customers get a refund if they cancel at least two days before the next billing date. The same terms set a different test for the initial order: cancel within 48 hours of submitting payment information and before the order ships.
The FTC's subscription guidance advises keeping cancellation requests and confirmations and checking later statements for charges. Those records can help if you need to dispute a charge with your card issuer. Any future court-approved claims process would have its own terms and dates.
