Hims argues its disclosures defeat the FTC's privacy theory

Hims & Hers HealthHims & Hers Health, defendant

Hims argues that its privacy policy disclosed sharing with advertising partners and that the FTC's privacy claims should be dismissed.

“The H&H Privacy Policy clearly discloses the existence of the third-party advertising Plaintiffs are complaining of.”

Original text

Read the original text (opens in a new tab)Hims & Hers memorandum supporting its motion to dismiss, October 22, 2026ECF 58-1, Background II.C and Argument IV.A.1-2, printed pages 4 and 6-9

Where this statement fits

Hims defends its privacy disclosures against FTC health-data allegations

The FTC and state plaintiffs allege Hims misled consumers about health-data privacy while sharing information with advertisers. Hims says its privacy policy disclosed sharing and asks for dismissal. The dispute concerns whether those disclosures answer the alleged privacy promises.

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Source and context

Original text

Hims & Hers memorandum supporting its motion to dismiss, October 22, 2026 (opens in a new tab)ECF 58-1, Background II.C and Argument IV.A.1-2, printed pages 4 and 6-9

About this source

Counsel for Hims & Hers argues that the company disclosed sharing with advertising partners and disputes the FTC interpretation of privacy assurances. The policy language quoted in the brief excludes information defined as Protected Information.

Archived copy (opens in a new tab)

Before the quotation

In its argument on the FTC's deception claim, Hims says the privacy policy must be considered alongside the complaint's allegations.

After the quotation

The brief cites a policy passage about marketing and advertising partners. Its quoted language excludes information defined as Protected Information; the company also argues that private and discreet describe the online-care experience.

How this statement is classified

Defended or excused

The label describes this statement's response within the context above.

Why this label?

The reference is Hims's challenged health-data sharing and privacy assurances. The company presents its disclosures as an adequate explanation of those practices and a reason to dismiss the privacy claims.

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The Dispute Index
Title
Hims argues its disclosures defeat the FTC's privacy theory
First published
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https://disputeindex.com/events/6870-hims-argues-that-its-privacy-policy-disclosed-sharing

Last updated marks the most recent saved version of this published statement.

The Dispute Index. "Hims argues its disclosures defeat the FTC's privacy theory". First published: 2026-10-27. Last updated: 2026-10-27. https://disputeindex.com/events/6870-hims-argues-that-its-privacy-policy-disclosed-sharing