Thanks to our partner:Superpower - https://superpower.com
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.
00:00 - Sponsor: Superpower
01:35 - Complaint is a "marketing document"
03:52 - He ranks the three buckets
08:15 - Amazon Prime and Uber first
11:53 - ROSCA stretched to health data
17:12 - Northern District of California and Judge Chhabria
19:44 - Overbroad sealing nearly got sanctions
23:57 - BakerHostetler and Keker
26:12 - The $62.5M legal accrual
27:32 - A Motion to Dismiss costs six figures
28:51 - $50M floor, nine-figure ceiling?
30:31 - Utah and LA County
33:06 - Pay, plus changes to the flows
35:46 - Would Ro and Noom have to follow?
38:00 - Why Hims, not Ro
39:42 - Visa's chargeback watchlist
43:03 - Worst case vs most likely scenarios
48:41 - Next steps in the case
51:23 - Change the flows now, or wait?
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.
