Five More States Join FTC Lawsuit Against Hims & Hers

automatic renewal cancellation consumer protection ftc hims & hers privacy regulation and compliance rosca subscription compliance Nov 12, 2026

The expanded case adds five states' consumer-protection claims to an existing dispute over subscription billing, cancellation and privacy practices.

Five more states have joined the Federal Trade Commission's lawsuit against telehealth subscription provider Hims & Hers, expanding a case that challenges the company's recurring billing, cancellation and consumer privacy practices.

Arizona, Florida, Nebraska, Ohio and Wisconsin joined the case on November 10, bringing the number of participating states to seven. California, acting through Los Angeles County Counsel, and the Utah Division of Consumer Protection were part of the original lawsuit filed in July.

Federal and State Laws Involved

The FTC alleges violations of Section 5 of the FTC Act and the Restore Online Shoppers' Confidence Act (ROSCA), which establishes disclosure, consent and cancellation requirements for online transactions involving recurring charges.

California's claims invoke its Unfair Competition Law and False Advertising Law. The unfair-competition allegations also cite violations of California's Automatic Renewal Law. Utah brings claims under its Consumer Sales Practices Act.

The five additional states invoke their own consumer-protection laws:

Arizona: Consumer Fraud Act
Florida: Deceptive and Unfair Trade Practices Act
Nebraska: Uniform Deceptive Trade Practices Act
Ohio: Consumer Sales Practices Act and related administrative rules
Wisconsin: Deceptive Trade Practices Act

Ohio's claims include rules requiring clear disclosure of conditions and limitations in consumer offers and rules governing the use of the word "free."

California and the five newly joining states also invoke ROSCA's state-enforcement provision, which allows authorized state officials to seek injunctive relief for alleged violations affecting their residents.

Under their respective laws, the states seek remedies including injunctions, restitution and civil penalties.

What the Lawsuit Alleges

The underlying allegations remain largely unchanged. The FTC alleges that Hims & Hers did not clearly explain that customers could be charged and enrolled in recurring prescription plans after a medical provider approved treatment, without another opportunity for customers to review and approve the prescription. The complaint also challenges the company's refill billing schedules and cancellation practices.

Separately, the FTC alleges that Hims & Hers shared sensitive health information with advertising platforms despite assurances about customer privacy.

Hims & Hers disputes the allegations. In a statement reported by Reuters, the company said it would vigorously defend itself against the additional claims, which it characterized as relying on the same flawed allegations in the original lawsuit.

The case remains pending in the U.S. District Court for the Northern District of California. No court has ruled that Hims & Hers violated the laws cited in the complaint.

Insider Take

The new states are largely relying on broader consumer-protection statutes rather than separate automatic-renewal laws.

For subscription operators, the case illustrates how the same enrollment, billing and cancellation practices can be challenged under federal requirements and multiple state laws, with different potential remedies.

Related Member Resources

The Hims & Hers lawsuit involves federal subscription requirements, state consumer-protection laws, health-data privacy and cancellation practices. These Member Center resources explain the relevant issues and provide guidance for examining related business processes.

1. Federal Online Subscription Enrollment, Consent, and Cancellation Brief

Explains federal requirements for online subscription disclosures, consent to recurring charges and cancellation. It helps operators distinguish currently enforceable requirements from the vacated FTC Click-to-Cancel rule and understand the federal laws underlying the Hims & Hers case.

2. California Automatic Renewal and Continuous Service Law Brief

Covers California's requirements for subscription disclosures, affirmative consent, renewal terms and cancellation. The complaint specifically cites California's Automatic Renewal Law as part of the state's unfair-competition allegations.

3. FTC Consumer Privacy, Data Use, and Data Security Enforcement Brief

Explains how representations about consumer privacy and actual data-use practices can create enforcement risk. It provides context for the complaint's allegations involving sensitive health information shared with advertising platforms.

4. Subscription Refund, Cancellation, and Exception Rules Worksheet

Helps operators document how cancellation requests, refunds and exceptions are handled across teams. It offers a practical way to examine operational processes similar to those challenged in the complaint.