Hims class-action lawsuit over alleged spam text messages

  • Digital health company Hims was the subject of a class action lawsuit filed in California on Tuesday.
  • The complaint alleges that Hims violated the Telephone Consumer Protection Act with a series of alleged spam text messages.
  • The suit was brought in by David Vaccaro, a California resident who claims he is not a Hims patient when he received programmed voice and text messages from the company.
  • You can find more stories in Insider’s business section.

Direct-to-consumer digital health company Hims was the subject of a class action lawsuit, according to a complaint filed Tuesday.

The complaint alleges that Hims violated the Telephone Consumer Protection Act, which protects consumers from robocalls and spam messages that have become ubiquitous in recent years.

The complaint was filed in California by David Vaccaro but has class action status. He claims he never used Hims’ services but continued to receive programmed voice and text messages repeatedly promoting the company’s products in November.

Hims did not immediately respond to Insider’s request for comment. Vaccaro’s attorney Tom Friedman also did not immediately respond to Insider’s request for comment.

The lawsuit seeks a minimum of $ 500 per violation per plaintiff for the four alleged violations and negligence, but does not seek additional damages.

Vaccaro alleges that Hims sent him two text messages in November that he labeled “spam” in the complaint, despite not having previously consented to marketing communications from the company or giving the company his cell phone number. The complaint also alleges that the original message was sent through an “automatic telephone dialing system” which is prohibited by the Telephone Consumer Protection Act.

The complaint also states that California-based Vaccaro added his phone number to the national no-call database to remove personal contact information from extensive databases used by telemarketers at least 30 days before the first text message was sent.

Class action status applies to anyone who has also added their phone numbers to the registration but still received programmed messages from Hims, be it by voice or SMS, depending on the lawsuit.

The complaint outlines four cases of violations and negligence related to the Telephone Consumer Protection Act, and a minimum of $ 500 per violation per person is required if the case continues.

The complaint was filed in federal court in the central district of California regarding Vaccaro’s status as a resident of California. California’s consumer protection law is one of the strictest in the country and allows any resident to ask businesses to delete and stop collecting data required by law. It is not clear whether contact information falls into this range, and it is not set out in Tuesday’s complaint.

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