Hims has been hit with a class-action lawsuit in California over alleged spam text messages

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The 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 pervasive in the last several years. 

The complaint was filed in California by David Vaccaro, but carries class-action status, who alleges he had never used Hims’ services but continued to receive programmed voice and text messages repeatedly marketing 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 suit seeks at least $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 described in the complaint as “spam” even though he had not previously consented to marketing communications from the company or provided the company his cell phone number. The complaint also alleges that the initial message was sent via an “automatic telephone dialing system,” which is banned by the Telephone Consumer Protection Act. 

The complaint also says that Vaccaro, a California resident, had added his phone number to the national do-not-call database intended to remove personal contact information from vast databases used by telemarketers at least 30 days before the initial text message was sent. 

The class-action status applies to anyone who similarly had added their phone numbers to the registry but still received programmed communications from Hims, whether via voice call or text message, according to the suit. 

The complaint outlines four instances of violations and negligence as it pertains to the Telephone Consumer Protection Act, and seeks at least $500 per violation per person should the case proceed. 

The complaint was filed in federal court in the central district of California due to Vaccaro’s status as a California resident. California’s consumer data protection law is among the strongest in the country and allows any resident to ask companies to delete and stop collecting data on them under the law. It is not clear whether contact information falls within that scope, and it is not outlined in Tuesday’s complaint.

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