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The agreement states that users and Hims & Hers may only bring claims against each other individually and waive the right to participate as a plaintiff or class member in any class or representative proceeding.
This analysis describes what Hims & Hers's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision requires that any claim against Hims & Hers proceed on an individual basis only, and prohibits the arbitrator from consolidating multiple users' claims or presiding over representative proceedings, absent mutual agreement.
Interpretive note: Enforceability of class action waivers varies by jurisdiction; California and other states may decline to enforce this provision under unconscionability doctrine.
Under this clause, users agree to pursue any claims against Hims & Hers only in their individual capacity; the agreement prohibits participation in class actions or representative proceedings, and bars the arbitrator from consolidating claims without mutual consent.
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"YOU AND HIMS & HERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hims & Hers agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.Excerpt from Hims & Hers's Terms and Conditions
(1) REGULATORY LANDSCAPE: Class action waivers in consumer arbitration agreements are evaluated under the Federal Arbitration Act and applicable state unconscionability doctrine. California courts have periodically declined to enforce class waivers in consumer contracts where the practical effect is to insulate defendants from liability for small-value claims; enforcement of this clause is jurisdiction-dependent. The FTC has expressed concern about class action waivers in consumer financial and health service contexts. (2) GOVERNANCE EXPOSURE: High. In a telehealth and prescription services context, the class action waiver may limit aggregate redress for systemic billing errors, data breaches, or service failures affecting large numbers of users simultaneously. (3) JURISDICTION FLAGS: California is the primary heightened-exposure jurisdiction given its history with consumer class action waivers; the clause may face enforceability challenges in other states with strong consumer protection statutes. EU/EEA users retain collective redress rights under EU consumer law regardless of contractual waivers. (4) CONTRACT AND VENDOR IMPLICATIONS: The clause's prohibition on claim consolidation limits the practical scope of arbitration for low-value individual claims, which may reduce the realistic volume of arbitration proceedings; this dynamic is relevant to risk modeling for legal and compliance teams. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether this clause satisfies conspicuousness requirements in all jurisdictions where Hims & Hers users are located; California-specific counsel should evaluate current enforceability under applicable state precedent; the interaction between this clause and any future regulatory action involving class-wide claims should be monitored.
This provision requires that any claim against Hims & Hers proceed on an individual basis only, and prohibits the arbitrator from consolidating multiple users' claims or presiding over representative proceedings, absent mutual agreement.
Under this clause, users agree to pursue any claims against Hims & Hers only in their individual capacity; the agreement prohibits participation in class actions or representative proceedings, and bars the arbitrator from consolidating claims without mutual consent.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Hims & Hers.