Siskinds LLP has filed a proposed privacy class action against BetterHelp, Inc. ("BetterHelp") on behalf of all Canadians who registered a User Account on a BetterHelp platform before January 1, 2021.

BetterHelp is the largest provider of online mental health services worldwide, including in Canada. The class action alleges that BetterHelp engaged in improper and unauthorized disclosure of highly sensitive private and personal health information, which it collected from consumers seeking mental health services, despite its assurances that such information would remain confidential.

BetterHelp's collection of private and personal health information

From 2013 until at least January 2021, BetterHelp offered online mental health services under a variety of names, including:

  • BetterHelp
  • Compile
  • MyTherapist
  • iCounseling
  • Terrapeuta
  • Teen Counseling
  • Pride Counseling
  • Faithful Counseling
  • Regain

The lawsuit alleges that, at least until January 2021, BetterHelp intentionally disclosed the private and personal health information of its consumers to third-party advertisers such as Facebook, Snapchat, Pinterest and Criteo, thereby monetizing that information through online advertising. The lawsuit also alleges that, through these unauthorized disclosures, BetterHelp intentionally violated the privacy of its consumers, contrary to its own representations, privacy policy, applicable legislation, and industry standards.

In March 2023, the U.S. Federal Trade Commission reached an agreement with BetterHelp, banning it from further revealing consumers' data to third-party advertisers and prohibiting the company from misrepresenting its information sharing practices.

Legal proceedings

Siskinds LLP is seeking financial compensation on behalf of all Canadians who registered a User Account on a BetterHelp platform before January 1, 2021.

This case was initiated by Statement of Claim on April 26, 2023.

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