What the Case Concerned
BetterHelp connects users with licensed therapists online. Regulatory action concerned the handling of information collected when people signed up, including intake questionnaire responses about mental health.
The allegation was that this information was shared with advertising platforms for targeting purposes, despite representations that it would be used to provide the service, and that consumers would not reasonably have expected mental health intake data to be used that way.
Health apps are often outside HIPAA
Many wellness and therapy apps are not covered entities under HIPAA, so its protections may not apply to data they collect directly. The applicable rules are frequently general consumer protection law and the app own privacy policy, which is weaker protection than most users assume.
The Legal Framework
Federal authority over unfair or deceptive practices applies where representations about data use differ from actual practice. Health breach notification rules can also apply to health apps not covered by HIPAA.
Relief in matters of this kind has combined refunds to affected consumers with prohibitions on further disclosure of health information for advertising and requirements to obtain express consent for specified uses.
What Users Should Do
Review the privacy policy of any health or wellness app before providing sensitive information, focusing specifically on what is shared with third parties for advertising rather than on general assurances about security.
Check advertising and data sharing settings within the app, and limit ad tracking at the operating system level, which constrains what can be matched across services regardless of individual app settings.
Refunds are distributed from records
Where refunds are ordered in these matters, eligible consumers are generally identified from company records and paid by an administrator without needing to apply. Any request for a fee or account credentials to release such a payment is a scam.
Before You Act
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BetterHelp Lawsuits: Online Therapy Data Sharing and Privacy Claims: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What did the BetterHelp case concern?
Sharing information collected at sign-up, including mental health intake responses, with advertising platforms despite representations it would be used to provide the service.
Does HIPAA protect therapy apps?
Often not. Many wellness and therapy apps are not covered entities, so general consumer protection law and the app privacy policy apply instead.
What relief was provided?
Refunds to affected consumers alongside prohibitions on further disclosure of health information for advertising and requirements for express consent.
Do I need to claim a refund?
Generally no. Eligible consumers are identified from company records and paid by an administrator. Requests for fees or credentials to release payment are scams.
How can I protect my data?
Read what an app shares with third parties for advertising, check in-app data sharing settings, and limit ad tracking at the operating system level.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.