2026 has brought the first major federal and state enforcement wave targeting online TRT subscription clinics. Two actions define the moment: the FTC, California, and Utah filed a federal lawsuit against Hims & Hers Health, Inc. in July 2026 alleging the company shared patients' health data with Meta and Snap advertising platforms; and the New York Attorney General concluded a $400,000 settlement with Thirty Madison (parent of Keeps) in August 2026 over hidden subscription fees and cancellation obstruction. Both cases were filed within six weeks of each other against two of the largest online testosterone providers.
Independently researched · Last updated October 2026 · Alexandru Vieru · Affiliate disclosure
The Two Cases
Hims FTC Lawsuit (Filed July 29, 2026)
The FTC, joined by California and Utah, filed a complaint (case 3:26-cv-7871, N.D. Cal.) against Hims & Hers Health, Inc. The complaint alleges three categories of conduct:
Health data shared with advertising platforms. The most distinctive allegation is that Hims transmitted consumers' sensitive health information to Meta and Snap through customer lists and on-site tracking technology that recorded user "Events," the actions users took on the Hims website during the health intake process. This data included information provided in the course of seeking medical services. The complaint alleges this occurred despite explicit privacy representations to users that their health data would be protected and not used for advertising targeting.
Undisclosed billing. The complaint further alleges that Hims charges consumers almost immediately after intake-form submission without clearly disclosing this at the point of submission.
Cancellation obstruction. As with the Keeps action below, the FTC complaint alleges Hims makes subscription cancellation difficult through multi-step retention sequences and friction that prevents clean exit.
The FTC's press release is at ftc.gov. The case is active; no settlement has been announced.
For the full scoring impact on Hims, see our Hims TRT review →.
Keeps NY AG Settlement (Concluded August 24, 2026)
The New York Attorney General concluded an Assurance of Discontinuance with Thirty Madison, Inc. (parent company of Keeps) on August 24, 2026. The settlement requires a $400,000 payment to New York State and binding operational changes.
The NY AG investigation found that Keeps:
- Did not show subscription pricing and auto-renewal terms clearly before payment
- Buried non-refundable fee policies so customers could not see them at checkout
- Required customers to navigate a multi-step email sequence before a cancellation request was honored
Under the settlement, Thirty Madison must disclose all subscription terms before payment, process cancellations without email barriers, and provide restitution to customers charged after cancellation requests or for unshipped products.
For the full settlement detail, see our Keeps TRT settlement article →.
What the Two Cases Share
Both actions were filed or concluded in mid-2026, within six weeks of each other, against two companies operating in the same market segment: online testosterone subscription clinics.
| Detail | Hims (FTC) | Keeps (NY AG) |
|---|---|---|
| Forum | Federal court | State Assurance of Discontinuance |
| Filed / Concluded | July 29, 2026 | August 24, 2026 |
| Amount | Pending (active lawsuit) | $400,000 |
| Billing obstruction alleged | Yes | Yes |
| Cancellation obstruction alleged | Yes | Yes |
| Health data sharing alleged | Yes | No |
The billing and cancellation allegations are structurally identical across both cases: a consumer signs up for what they believe is a flexible service, the subscription terms were not clearly disclosed, and cancellation requires navigating retention sequences before the request is honored. Regulators at the state and federal level have identified this pattern repeatedly across online subscription services; its presence in health-related products compounds the potential harm.
The health data allegation in the Hims case is distinct. No comparable allegation was included in the Keeps settlement, and none has been reported in connection with other online TRT providers we track. Of the 39 clinics in our current rankings, only Hims & Hers carries an active FTC complaint that includes a health data sharing allegation.
Why Online TRT Clinics Are Now Enforcement Targets
Online telehealth services that use subscription billing have been a priority for FTC enforcement since the FTC's updated Negative Option Rule took effect in January 2025. The rule requires that: subscription terms be disclosed clearly before purchase; auto-renewal terms be shown prominently; and cancellation be made as easy as sign-up.
For online TRT clinics specifically, the enforcement risk is amplified by the nature of the product: health-related subscriptions carry a higher degree of trust from consumers, who may be less likely to scrutinize billing terms when they believe they are in a medical intake flow. The FTC's health data allegation against Hims extends this logic: if a health provider uses the intake process to collect data that is then routed into ad targeting, the breach of trust is compounded.
State-level enforcement through attorneys general typically proceeds faster than federal litigation. The NY AG's Assurance of Discontinuance with Keeps moved from investigation to binding resolution faster than a federal lawsuit would. Both mechanisms reach the same underlying conduct; state AG actions tend to produce faster operational changes while federal cases can carry larger potential civil penalties.
What This Means for TRT Patients
If you are a Hims subscriber concerned about health data: The FTC complaint is an allegation about past conduct. If the described data sharing occurred, information provided during your Hims intake may have been transmitted to Meta and Snap. California subscribers have CCPA data access rights; submitting a data request to Hims is the most direct way to understand what has been shared. The case is active; the FTC's press release is the authoritative source for updates.
If you want to cancel any subscription TRT service: The billing and cancellation patterns alleged in both cases (multi-step email retention sequences, charges before terms are clearly shown) are worth watching for with any online subscription clinic. If you encounter resistance to a cancellation request, your state attorney general's consumer protection bureau and the FTC (reportfraud.ftc.gov) are both enforcement channels.
For clinical records: Prescriptions, lab results, and treatment records held by any telehealth provider are governed by HIPAA and state medical records law, independent of any billing enforcement action.
Clinics Without Active Federal or State Actions
Of the 38 clinics in our current rankings, none of the following carry an active FTC or state attorney general enforcement action as of October 2026:
| Clinic | Starting Price | Method |
|---|---|---|
| Male Excel | $99/mo membership + cream from $132/mo | Cream (needle-free) |
| Try Ageless | $129/mo | Injectable / topical / oral |
| Peter MD | $79/mo via our link | Injectable or enclomiphene |
| DudeMeds | $77/mo | Injectable |
| MangoRx | $149/mo | Injectable + oral Kyzatrex |
Our featured pick: Male Excel. Needle-free compounded testosterone cream; pricing published on the public website before checkout; month-to-month membership; no FTC or state AG action on record. Male Excel holds the top spot in our overall TRT clinic rankings for pricing transparency and clinical oversight.
FAQ: FTC and Online TRT Clinics
Are the Hims FTC lawsuit and the Keeps settlement the same case? No. They involve different companies, different regulators, and different legal frameworks. The Hims case is an active federal lawsuit filed by the FTC, California, and Utah against Hims & Hers Health, Inc. The Keeps case is a concluded Assurance of Discontinuance between Thirty Madison and the New York AG. Both involve subscription obstruction allegations, but they are entirely separate proceedings.
Is Hims shutting down because of the FTC lawsuit? No. A filed lawsuit does not require a company to suspend operations. Hims & Hers Health, Inc. continues to operate while the litigation proceeds. A lawsuit is an allegation; the company has not been found liable.
Did Keeps admit wrongdoing in its settlement? No. An Assurance of Discontinuance is a binding agreement requiring operational changes and payment, but Thirty Madison admitted no wrongdoing in the settlement.
Does this mean online TRT clinics are unsafe to use? Enforcement actions address billing and data practices, not clinical outcomes. Both cases are about subscription transparency and, in the Hims case, advertising data practices. Neither action makes a finding about medical protocols, provider credentials, or treatment efficacy. The enforcement environment does indicate that regulators are actively reviewing these businesses, which is relevant to the trust component of evaluating any provider.
How do these cases affect your rankings? Concluded regulatory actions and active federal lawsuits are scored inputs to our Transparency criterion. See our editorial methodology → for the specific evidence we use.
Related Reading
- Keeps TRT Settlement 2026: NY AG Secures $400K →
- Hims TRT Review →
- Best Online TRT Clinics: Full Rankings →
- Male Excel Review: Needle-Free Testosterone Cream →
- Cheapest Online TRT Clinics 2026 →
Affiliate disclosure: Some links in this article are affiliate links. We may earn a commission if you click through them, at no extra cost to you. Our rankings are never influenced by affiliate relationships. Full disclosure →
Regulatory information sourced from the FTC press release (July 29, 2026) and the NY AG press release (August 24, 2026), both verified against primary sources.
