The FTC Sued Hims & Hers Over Health Data. Now Its Board Faces a Probe Over Billing and Subscriptions

September 1, 2026 - 00:18

A major plaintiffs' law firm has opened a probe into the board of directors at Hims & Hers, the telehealth company, following a federal lawsuit over health data practices. The investigation focuses on whether board members breached their fiduciary duties by allowing the company to share sensitive patient information with third parties without proper consent, and whether they turned a blind eye to allegedly deceptive billing and subscription tactics.

The move comes on the heels of a Federal Trade Commission complaint that accused the company of using its weight-loss and sexual health platforms to harvest personal health details, then handing that data to advertising partners like Meta and Google. The FTC also alleged that Hims & Hers made it difficult for customers to cancel subscriptions, leading to unexpected charges. The company has denied the allegations and said it is fighting the suit.

Now, the new shareholder inquiry is asking whether the board knew about these problems earlier and failed to act. The law firm is looking into whether the directors approved or ignored practices that could expose the company to legal and financial risk. If the investigation finds evidence of negligence or misconduct, it could lead to a derivative lawsuit against individual board members, seeking to hold them personally accountable for any losses the company suffers.

Hims & Hers has not commented on the new investigation. The company's stock has been volatile since the FTC action was announced, and analysts say the added legal pressure could complicate its efforts to reassure investors. For now, the board is under a microscope, and the outcome of this probe could reshape how the company handles both its data policies and its subscription model going forward.