Hims & Hers lawsuit: what it claims and who could get paid

What the Hims and Hers lawsuit claims

The 88-page complaint comes from seven named plaintiffs, represented by Schubert Jonckheer & Kolbe LLP and Lowey Dannenberg, P.C. It makes three core allegations about the Hims and Hers websites and apps:

• The “free consult.” Ads and intake screens promised free consultations and showed lines like “Pay $0 today” and “You will only be charged if prescribed.” The plaintiffs say most people never got a real consultation: sending the intake form led to a charge and a recurring subscription, with almost no chance to review the treatment first.
• Hard cancellations. After April 2023, the complaint says, cancelling online meant finding an “Add/remove items from order” button, unchecking every treatment and clicking through roughly three to ten survey screens.
• Health data sharing. Tracking pixels and software kits allegedly sent health details from the intake flow to advertising and analytics companies including Meta, Google, Snap and Amplitude.

These are allegations, not findings. The plaintiffs ask for damages, restitution of money Hims & Hers allegedly took unfairly, a court order changing its practices, and attorneys' fees.

Who is in the proposed class

No class exists yet; a judge has to certify one first. The complaint asks the court to certify two nationwide classes, with California subclasses as a fallback:

• Privacy class: U.S. residents who used the Hims & Hers platform and whose communications or health information were shared with third parties, including advertising and analytics companies.
• Subscription class: U.S. residents who paid for a Hims or Hers subscription and were misled by its marketing and cancellation practices.

The lawyers say each class probably has millions of people. If you ever used the platform you may fit one or both descriptions, but fitting a description isn't the same as being in a certified class. In most consumer class actions you're included automatically once a class is certified and only file a claim form if a settlement opens one. Our guide to what happens after a class is certified walks through that road.

Where the case stands

It's early. The complaint was filed August 14, 2026 in the Northern District of California, and docket entries through October 9, 2026 are procedural: stipulations between the lawyers, a response to a motion and routine certifications. None of them rules on the claims. An Order Relating Case dated September 16, 2026 grouped it with the FTC's case and the other private suits so one judge, Vince Chhabria, can handle them together.

No class has been certified, no settlement has been announced, and Hims & Hers hasn't been found liable. On July 29, 2026 the company said the FTC's suit ignores evidence from a nearly three-year investigation and that it will vigorously defend itself. We found no public response to the class action itself. The FTC's press release lays out the government's version.

What could happen next, and how long it takes

The case is at the pleadings stage. Hims & Hers can ask the judge to dismiss all or part of it. If claims survive, both sides swap evidence and the plaintiffs ask the court to certify a class. Only then do a settlement or a trial become realistic. Many consumer class actions take two to four years to settle, some are dismissed, and some end with money for only the named plaintiffs. For the general mechanics, see how a class action works from start to finish.

The government case runs in the same court, so what happens there can shape the private suits. The FTC's case page lists no consumer refund program, but Los Angeles County Counsel and Utah say they are seeking restitution for people who were improperly charged. Nothing is decided, and nothing is promised.

Could you get paid?

Not today. There is no fund, no claim form and no deadline. If the case settles, who gets paid would depend on the class the court approves and the terms of the deal. In similar cases, subscription classes often get a refund of some charges and privacy classes often get a modest cash share, but this case has no numbers yet, so any figure you see online is a guess.

If a claim form ever opens, filing directly with the settlement administrator will be free. Anyone who asks you to pay to “file your Hims & Hers claim” today is selling something that doesn't exist. Our guide to class action settlement scams lists the red flags.

What to do now if you used Hims or Hers

You can't claim anything yet, but a few steps cost nothing and keep your options open:

1. Save your records: order emails, the subscription page, card or bank statements showing Hims & Hers charges, and screenshots of any “free consult” or “$0 today” screens. See what counts as proof of purchase.
2. Check whether you still have an active subscription and when the next refill ships, then decide whether you want to keep it.
3. If you were charged for a refill you didn't authorize, contact Hims & Hers and ask your card issuer about disputing the charge. Dispute windows can be short.
4. Report problems to regulators: the FTC at ReportFraud.ftc.gov, Los Angeles County's consumer office at 800-593-8222, or consumerprotection.utah.gov if you're in Utah.
5. Keep your account email current so a future settlement notice can reach you.

How to get notified if it settles

Settlement notices usually go to the email and mailing addresses in a company's records, then a settlement website opens with a claim form. Don't rely on one channel; our guide to getting notified of class action settlements covers the options.

Owed finds the settlements you may qualify for, explains them in plain English, opens the official claim form, reminds you before deadlines and tracks each claim to payout. You submit any claim yourself. Tap Notify me on Owed's Hims & Hers page and Owed will email you if a settlement opens claims. Owed Pro is $2 for the first week, then $49 per year — one flat membership. Owed never takes a percentage of any payout. You can also take the eligibility quiz or browse open settlements you can claim now.

This is general information, not legal advice. Owed isn't a law firm or a settlement administrator, and courts and administrators decide who qualifies and what they receive.

Glossary

Proposed class

The group of people the plaintiffs want the court to treat as one. No class exists until a judge certifies it.

Class certification

The court ruling that lets a lawsuit go forward on behalf of a whole group instead of only the named plaintiffs.

Motion to dismiss

A request asking the judge to throw out some or all of a case before evidence is exchanged.

Order Relating Case

A court order grouping lawsuits about the same events so one judge can handle them together.

Intake form

The online health questionnaire Hims & Hers has people fill out before a provider reviews their request.

Tracking pixel

A small piece of code on a website or app that reports what a visitor does to another company.

FAQ