CVS class action alleges third party tracks website users’ prescription activity

CVS website class action lawsuit overview: 

• Who: Jalleh Doty and Jeffrey Ogden filed a class action lawsuit against Quantum Metric Inc. 
• Why: Doty and Ogden claim Quantum Metric used unlawful wiretapping to capture the electronic communications of visitors to CVS’s website, including their prescription and over-the-counter medication activity. 
• Where: The CVS class action lawsuit was filed in Colorado federal court. 

SaaS company Quantum Metric wiretapped the electronic communications of visitors to CVS’s website and, in doing so, captured personally identifiable information (PII) such as prescription and over-the-counter medication activity, a new class action lawsuit claims. 

Plaintiffs Jalleh Doty and Jeffrey Ogden’s class action lawsuit claims QM embedded a code into CVS website to secretly observe website visitors’ keystrokes, mouse clicks and other electronic communications, including PII.  

“QM captures website users’ electronic communications in real-time through its Session Replay feature, and then has the capability to analyze those communications and divulge them to other third parties,” the CVS website class action says. 

Doty and Ogden want to represent a class of California residents and a class of Pennsylvania residents who have visited CVS’s website had their electronic communications intercepted or recorded by QM. 

CVS class action: website visitors have their activity captured without consent

Doty and Ogden argue QM captures the electronic communications of CVS’s website visitors without their knowledge or consent. 

“QM’s software-as-a-service begins operating as soon as a user accesses the Website,” the CVS website class action says. “Thus, users are not on notice of QM’s wiretapping, nor do users provide their consent to the same.”

Doty and Ogden claim QM is guilty of violating the California Invasion of Privacy Act and the Pennsylvania Wiretapping And Electronic Surveillance Act. 

The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of compensatory, punitive and statutory damages for themselves and all class members. 

In past news involving the company, a consumer filed a class action lawsuit against CVS Pharmacy Inc. in September 2023 over claims it falsely advertised its CVS eye drops as being safe and effective, despite containing a potentially harmful preservative. 

Have you visited CVS’s website? Let us know in the comments.

The plaintiffs are represented by Max S. Roberts, Philip L. Fraietta and Caroline C. Donovan of Bursor & Fisher, P.A. 

The CVS website class action lawsuit is Doty, et al. v. Quantum Metric, Inc., Case No. 1:24-cv-01154, in the U.S. District Court for the District of Colorado.

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