FTC Expands Hims & Hers Lawsuit, Adding Five States Over Privacy and Billing Claims

The Federal Trade Commission has widened its lawsuit against telehealth provider Hims & Hers Health, adding Arizona, Florida, Nebraska, Ohio and Wisconsin as co-plaintiffs in an amended complaint announced Nov. 10, according to TIKR and the National Law Review. The expansion comes a little over three months after the FTC first sued the company in the U.S. District Court for the Northern District of California on July 29, 2026, with Utah and California, acting through the Los Angeles County Counsel, as co-plaintiffs.

What the Amended Complaint Adds

According to the National Law Review's reporting, the case now combines claims under the FTC Act and the Restore Online Shoppers' Confidence Act with claims under the consumer protection laws of seven states in total, up from two originally. The outlet reported the amended complaint adds claims under each new state's own consumer protection statutes, layered on top of the federal claims already in play. Neither outlet described new remedies tied specifically to the five additional states; the remedies identified are those the FTC sought when it originally filed in July — an injunction along with money and civil penalties, per TIKR's review of Hims' quarterly filing.

The Underlying Allegations

The core allegations remain unchanged from the original complaint. TIKR and the National Law Review both reported that the FTC alleges Hims marketed its services as private while sharing customers' sensitive health information, including medical conditions, with advertising platforms such as Meta and Snap. On billing, the National Law Review reported that Hims collected payment details through its intake form, told consumers they would not be charged until a provider issued a prescription, then charged most consumers and enrolled them in recurring subscriptions shortly after submission, before any provider consultation occurred. TIKR separately reported that the FTC alleges subscriptions were also made difficult to cancel.

Hims & Hers' Response

A Hims & Hers spokesperson said Tuesday that the company would "vigorously defend ourselves against these follow-on claims, which rely on the same flawed allegations advanced in the government's lawsuit," according to both TIKR and WMBD Radio. Separately from the expanded suit, Hims has asked the court to dismiss the FTC's original case, with a hearing on that motion scheduled for Jan. 7, TIKR reported. Neither outlet reported a timeline for the amended complaint to proceed independently of that dismissal motion.

Financial and Legal Backdrop

TIKR reported that Hims & Hers shares fell 17% on the same day the five states joined the suit, following a third-quarter report showing the company lost 103,000 subscribers between June and September while monthly revenue per average subscriber rose 30% to $105. The company had set aside $62.5 million for legal contingencies as of June 30, and its latest quarterly filing also discloses a shareholder class action filed Sept. 1 resting on the same privacy and billing allegations, TIKR reported.

The National Law Review's legal analysis offered an interpretation worth flagging as such: the seven-plaintiff roster complicates settlement calculations, since resolving the matter with the FTC alone may not close the file while state co-plaintiffs retain independent claims under their own consumer protection laws.

Bottom Line

The amended complaint broadens the legal front against Hims & Hers without, based on available reporting, introducing new factual allegations or remedies beyond applying existing privacy and billing claims to five additional states' consumer protection statutes. The company's legal strategy centers on its pending motion to dismiss the original FTC case, set for a Jan. 7 hearing, while it faces the expanded multistate claims and a parallel shareholder suit covering the same conduct.