CVS class action overview:
- Who: A California federal judge ruled that a class action lawsuit against CVS Pharmacy and Medallia can proceed.
- Why: The lawsuit alleges CVS and Medallia illegally intercepted personal health information from those who visited CVS’ website.
- Where: The CVS class action lawsuit was filed in California federal court.
A California federal judge has ruled that a class action lawsuit accusing CVS Pharmacy and marketing partner Medallia of illegally intercepting personal health information from website visitors can proceed.
The class action lawsuit alleges CVS and Medallia violated the California Invasion of Privacy Act and engaged in negligence and invasion of privacy by using third-party tracking technologies embedded on the CVS website to unlawfully collect visitors’ personal health information for targeted advertising purposes.
U.S. District Judge Michelle Court found that the plaintiff had sufficiently alleged the disclosure of sensitive information and that consumers’ loss of control of this data caused concrete harm, Law360 reports.
Judge Court found that the plaintiff alleged a sufficiently concrete injury, the “loss of control” of his sensitive data, to establish Article III standing and adequately pleaded nearly all his claims against CVS and Medallia.
However, the judge dismissed unjust enrichment claims with leave to amend, finding that the plaintiff failed to show the type of economic loss needed to support the allegation.
Plaintiff given opportunity to amend privacy claims against third-party Criteo
Judge Court also gave the plaintiff another opportunity to replead wiretap and privacy claims against a third defendant, Criteo Inc., after granting the digital advertising company’s request to dismiss the suit for lack of specific personal jurisdiction in California.
While he found that the complaint sufficiently alleged Criteo intentionally provided CVS with code designed to track users’ activity on its website, the judge determined the pleadings did not show that this conduct was expressly aimed at California.
CVS argued that the entire class action should be dismissed because the plaintiff failed to allege specific facts showing what personal or health information was shared with unauthorized third parties.
However, Judge Court found that the plaintiff’s claims — that he used the CVS website multiple times over the past year to research and purchase certain over-the-counter sexual health products and later saw advertisements related to those products — were sufficient to allow the case to proceed.
Earlier this year, CVS Health Corp. faced a class action lawsuit accusing the company of sending unsolicited telemarketing text messages to numbers listed on the National Do Not Call Registry.
What do you think about the CVS class action lawsuit? Join the discussion in the comments.
The plaintiff is represented by Nicholas R. Lange and Jonathan M. Jagher of Freed Kanner London & Millen LLC, John J. Nelson and William J. Edelman of Milberg Coleman Bryson Phillips Grossman PLLC and Jeff Ostrow of Kopelowitz Ostrow P.A.
The CVS class action lawsuit is Neil Getz v. CVS Health Corp., et al., Case No. 2:25-cv-04689, in the U.S. District Court for the Central District of California.
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