CVS Faces Potential TCPA Class Action Lawsuit over Unwanted Solicitation Calls

A group of plaintiffs is seeking class certification for their TCPA (Telephone Consumer Protection Act) lawsuit, alleging CVS has made thousands of unwanted solicitation calls since 2010.

The group of plaintiffs alleges that potentially 450,000 consumers nationwide have allegedly received numerous unwanted solicitation calls, with the company allegedly using an automated dialing system.

According to the TCPA lawsuit, CVS Pharmacy Inc. had allegedly made over 24,000 unwanted solicitation calls to Illinois phone numbers with the caller ID of the company blocked. Between the proposed U.S. telemarketing and Illinois caller ID classes, the plaintiffs argue there are more than enough individuals for class certification.

Lead plaintiffs Kearby Kaiser and Carl Lowe had filed the TCPA lawsuit in 2014, alleging CVS and its MinuteClinic service had violated federal privacy laws by using an auto dialing system to make cell phone calls and using pre-recorded messages.

The company also allegedly blocked CVS’s phone number from caller ID and allegedly placed the calls without the consumer’s consent.

Overview of TCPA Lawsuit

According to the TCPA lawsuit, Kaiser reportedly received an anonymous phone call and the prerecorded message stating CVS’s MinuteClinic was offering a 20% “shopping pass” for CVS store purchases made along with flu shots.

Lowe had reportedly experienced similar treatment, alleging having received numerous unwanted solicitation calls from the company that had continued even after he requested them to stop.

The TCPA lawsuit further alleges that the company’s opt-out process may be partially to blame, as the system may filter wrong numbers back into the call list if another CVS transaction is made with the card number.

Arguing for class status, the plaintiffs state that discovery process revealed over 450,000 similar automated calls were made to different consumers since 2010. In addition, over 24,000 unwanted solicitation calls were made with blocked caller ID numbers were made to Illinois cell phone numbers during the same period.

“This volume of calls is only possible because CVS uses the TCPA-proscribed automated equipment and messages, and is precisely the conduct the TCPA was intended to prevent,” the plaintiffs said.

The plaintiffs’ lawyers predict CVS will argue against class certification by stating class members had consented to receive calls. However, the drugstore giant does not have the documentation to prove that consent, they said.

CVS previously tried to dismiss the potential class action TCPA lawsuit, citing inconsistencies in Kaiser’s testimony in regard to where and when the calls were received. U.S. District Judge John Z. Lee had dismissed the motion, stating that it was irrelevant to the jurisdiction of the TCPA lawsuit.

This CVS TCPA Class Action Lawsuit is Lowe et al. v. CVS Pharmacy Inc. et al., Case No. 1:14-cv-03687, in U.S. District Court for the Northern District of Illinois.

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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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