
On July 30, 2026, two plaintiffs identified as John Doe and John Doe II filed a consolidated class action lawsuit against Hims & Hers Health Inc. in the U.S. District Court for the Northern District of California.
The lawsuit alleges the telehealth company embedded tracking software in its websites and apps that sent patients' medical intake answers and identifying details to Meta, Google, Snap and more than a dozen other advertising and analytics firms.
What the intake process reportedly collects
Hims & Hers connects consumers with licensed providers treating sexual health, hair loss, hormone health, weight loss, dermatology and mental health through hims.com and forhers.com. Every visit reportedly starts with an intake questionnaire.
The testosterone questionnaire contains roughly 35 questions, asking about symptoms, mood, sexual function, drug use and diagnosed conditions, including heart disease, diabetes and cancer, according to the proposed class action. The company then verifies identity by asking for the person's name, address, date of birth, the last four digits of their Social Security number and a facial photo or copy of an ID.
How the tracking allegedly worked
The complaint alleges Hims & Hers installed tracking pixels, invisible snippets of code that report user activity to a third party, and equivalent software kits inside its apps, controlling exactly which data they transmitted and to whom.
Meta allegedly received custom "events" alongside cookies that tie the data directly to a person's Facebook account. Google supposedly collected full web addresses revealing which health questionnaire a user opened, and Snap reportedly obtained scrambled email addresses it uses to match people to Snapchat accounts, the lawsuit claims. Analytics firm Amplitude allegedly received actual survey answers.
The suit cites a separate enforcement action the Federal Trade Commission, the state of California and Utah's Division of Consumer Protection filed against Hims & Hers one day earlier in the same court, alleging the company configured the Meta events to disclose health information then built advertising audiences with it.
The company's supposed privacy policies
The plaintiffs allege there is a gap between the company's privacy promises and its practice. The filing quotes a privacy policy stating, "We do not use protected information for advertising or marketing" and a notice of privacy practices promising other disclosures "will require your specific written authorization."
The site reportedly described a commitment to "patient privacy and data security" and tells customers they are "in charge" of their data. Users would not have signed up for the sites or paid for them had they known those assurances were false, the proposed class action claims.
The legal claims
The complaint brings several counts:
- Electronic Communications Privacy Act, the federal wiretapping law, at $10,000 or $100 a day per violation, whichever is greater
- California Confidentiality of Medical Information Act, three counts alleging unauthorized disclosure of medical information at $1,000 per violation in nominal damages
- California Invasion of Privacy Act, three counts covering wiretapping, eavesdropping and unauthorized pen register and trap and trace devices at $5,000 per violation
- Comprehensive Computer Data Access and Fraud Act, alleging the trackers accessed users' own phones and computers without permission
- Consumers Legal Remedies Act and Unfair Competition Law, two consumer protection statutes barring deceptive and unfair business practices
- Intrusion upon seclusion, the California Constitution's privacy right and unjust enrichment, common law and constitutional claims
What this means for Hims & Hers users
The proposed nationwide class covers anyone in the United States who used the platform and whose data the company sent to third parties with a separate California class the estimates to include millions of people.
For now, there is no settlement, no claims process and no money available.
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