A federal class action lawsuit claims CVS Pharmacy raked in millions by selling customers’ confidential prescription information to some of the nation’s largest pharmaceutical manufacturers.
The CVS Pharmacy class action lawsuit was filed after several customers started receiving unsolicited communications from third-party pharmaceutical manufacturers and data companies after CVS allegedly sold their private information to Eli Lilly, Merck, AstraZeneca, Bayer and other drug manufacturers.
“In exchange for the receipt of funds, direct promotional letters were sent to physicians of consumers by defendant CVS Caremark in order to promote and tout specific prescription drugs of pharmaceutical manufacturers who contracted with CVS Caremark for the sale and/or use of prescription information,” the class action lawsuit says. “Such letters were based on confidential prescription information obtained by Defendants from prescriptions filled through Defendants’’ pharmacy services and urged physicians to consider alternative medications for consumers.”
Customers were identified in these letters by name, date of birth and medications taken. These letters were only sent on behalf of pharmaceutical manufacturers that agreed to pay CVS for its promotional activities. CVS touted this promotional campaign as an “RXReview Program,” but the physician communications were “nothing more than profit-making opportunity” the class action claims.
These actions directly contradict CVS Caremark’s “Code of Conduct,” which promises to protect customers’ personal and health information.
The CVS Pharmacy privacy class action lawsuit is brought on behalf of all Pennsylvania consumers who filled their prescriptions at CVS Pharmacies within the past six years without being notified that their confidential prescription information was being sold by CVS. It also includes a class of third-party payers who reimbursed the cost of prescriptions for their members within the past four years, but were never notified that CVS had sold confidential prescription information.
It is seeking statutory damages and disgorgement of ill-gotten profits.
A copy of the CVS Pharmacy Class Action Lawsuit can be read here.
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