
← Hims House2 sep · 54 min
🚨 THE FTC SUES HIMS & HERS -- Full breakdown with Gaston Kroub
<p>Thanks to our partner:Superpower - https://superpower.com</p><p>Jonathan Stern talks with Gaston Kroub, founding partner of K2K Law, registered patent attorney, and Hims House's resident legal expert on his third appearance, about the FTC's July 29 federal complaint against Hims & Hers. Kroub calls the filing a public "marketing document" aimed at a quick settlement and ranks three allegation buckets: health data sharing with Meta and Snap as the most exposure, hard cancellation under ROSCA (Restore Online Shoppers' Confidence Act) second, charging before a real consultation as the least dangerous. The case is in the Northern District of California before Judge Vince Chhabria; an overbroad sealing request triggered an order to show cause that was later lifted with a warning, and Hims' response is due Sept. 28 with an initial case management conference Oct. 30. They walk through Hims' defense lineup at BakerHostetler and Keker Van Nest & Peters, treat the $62.5M legal accrual as likely the low end of a settlement, and cover co-plaintiffs Utah and LA County. His likely path is a payment plus operational changes; absent a deal, litigation could run years, and he treats the Visa chargeback spike as a minor narrative risk.</p><p><br></p><p>00:00 - Sponsor: Superpower</p><p>01:35 - Complaint is a "marketing document"</p><p>03:52 - He ranks the three buckets</p><p>08:15 - Amazon Prime and Uber first</p><p>11:53 - ROSCA stretched to health data</p><p>17:12 - Northern District of California and Judge Chhabria</p><p>19:44 - Overbroad sealing nearly got sanctions</p><p>23:57 - BakerHostetler and Keker</p><p>26:12 - The $62.5M legal accrual</p><p>27:32 - A Motion to Dismiss costs six figures</p><p>28:51 - $50M floor, nine-figure ceiling?</p><p>30:31 - Utah and LA County</p><p>33:06 - Pay, plus changes to the flows</p><p>35:46 - Would Ro and Noom have to follow?</p><p>38:00 - Why Hims, not Ro</p><p>39:42 - Visa's chargeback watchlist</p><p>43:03 - Worst case vs most likely scenarios</p><p>48:41 - Next steps in the case</p><p>51:23 - Change the flows now, or wait?</p><p><br></p><p>Disclaimer: This podcast is for informational and entertainment purposes only. Nothing discussed should be considered financial, investment, or legal advice. Always consult with a qualified professional before making financial decisions.</p>