Telehealth’s Rapid Rise Meets Scrutiny Over Deceptive Tactics

When the pandemic forced us to stay home, the idea of seeing a doctor from the couch sounded like a miracle. Log in, fill out a quick questionnaire, and—boom—your prescription is on its way. It was the promise that a flood of telehealth apps rode to massive growth.

Fast forward to 2026, and that same convenience is under a harsh spotlight. The Federal Trade Commission has sued Hims & Hers, accusing the company of piling on hidden subscriptions, skipping real‑time doctor consultations, and even passing patients’ health details to advertising giants like Meta.

Hims isn’t the lone offender. In recent years the FTC has also gone after BetterHelp and GoodRx for similar conduct—selling user data to third‑party platforms without a clear, written permission. The pattern is becoming too familiar to ignore.

What’s the legal gap? Most people assume HIPAA shields any medical info they share online, but that law only covers traditional health‑care entities—hospitals, doctors’ offices, insurers. Many direct‑to‑consumer telehealth services sit outside those boundaries, leaving a gray zone where personal health data can be harvested and monetized.

Andrew Crawford of the Center for Democracy and Technology puts it bluntly: “There’s an entire universe of companies collecting huge amounts of consumer health data every day that aren’t covered by our current health‑sector specific laws.” The result? Consumers get a slick, “100 % online, private and secure” promise, only to find their data surfacing in targeted ads.

Beyond privacy, the clinical side is shaky too. The FTC’s complaint says Hims automatically enrolled users in recurring prescriptions with “virtually no opportunity to review the provider’s recommended treatment.” Studies of nearly 50 telehealth firms offering GLP‑1 weight‑loss drugs found fewer than one‑third actually required a live video or audio consultation. In some cases, a prescription was approved in minutes—no physical exam, no lab work, just a checkbox.

So, what should you do before you click “order”? First, temper expectations: you may never speak to a physician directly. Most visits start with a detailed questionnaire, and the “doctor” might be an algorithm or a busy clinician who reviews answers later. Second, read the fine print about subscriptions. Look for clear opt‑out language and a straightforward cancellation process—if you can find one.

When it comes to data, treat the platform like any other free service on the internet. Use ad blockers, consider a privacy‑focused browser, and regularly check the app’s privacy policy for mentions of data sharing with ad networks. Remember, without HIPAA’s umbrella, the FTC’s enforcement levers are limited; they can force a company to stop a practice, but hefty penalties are rare.

State‑level privacy laws in California, Connecticut, Maryland, and a few other places are beginning to plug some of these holes, offering stricter protections for health‑related data. Enforcement, however, is still catching up, so vigilance remains the best defense.

In short, telehealth isn’t going away—it’s likely to become a staple of modern health care. But as consumers, we need to ask the hard questions, read the small print, and keep an eye on who’s really getting a seat at the table when our personal health information is handed over.