TCPA Class Action Lawsuit Filed Against CVS

CVS Pharmacy has joined the rising number of companies facing TCPA class action lawsuits.

Primary plaintiff Janice T. filed a TCPA class action lawsuit  in December alleging that CVS sent unwanted text messages to consumers across the nation and has violated the Telephone Consumer Protection Act.
The TCPA class action lawsuit claims that CVS sent text messages to consumers who had used CVS for prescription services. These text messages were allegedly sent to consumers “to ‘remind’ them that they should refill their prescriptions at CVS, inform them that prescriptions are available for pick up, that prescriptions are not available for a refill, or that a prescriptions is refillable via text message,” according to the CVS TCPA class action lawsuit.

Janice claimed that CVS did not receive express consent from consumers to send out these text messages, often sent messages to the wrong person, and continued to send unwanted text messages when a consumer tried to “opt-out” of CVS text communication.

CVS’s alleged actions are violations against the Telephone Consumer Protection Act (TCPA), a federal law that was created to protect consumers from “unsolicited text messages of the sort alleged in this case,” according to the TCPA class action lawsuit.

CVS TCPA Violations

CVS allegedly started using an automated system to communicate with consumers in February 2012. The TCPA class action lawsuit suggests that these texts were not even personalized to an individual’s prescription status and that CVS sent “the same (or substantially the same) text message calls to thousands of cellular telephone numbers.”

CVS has been accused of using an automatic telephone dialing system, which also applies to text messages, with the ability to “store, produce, and dial random or sequential numbers” and numbers from a list, all without human intervention.

Janice alleges she began to receive unsolicited text messages from CVS in September. These text messages were not only unwanted, but they were addressed to someone named “Diane,” the TCPA lawsuit says.

She opted to unsubscribe from these communications, texting “STOP” in order to cease communication. Despite receiving a message stating, “You will no longer receive msgs from CVS/pharmacy,” she continued to receive messages from CVS, according to the TCPA class action lawsuit. The messages later received were not addressed to Diane.

Janice continued to text “Stop” to CVS, but CVS did not cease text communications until Janice called the company and “demanded the onslaught of text messages to stop,” according to the TCPA class action lawsuit.

Class Members include individuals who received text messages from CVS after Oct. 16, 2013 without creating an account and who did not give consent to receive text messages and individuals who told CVS to stop sending the text messages yet continued to receive text messages.

This CVS Pharmacy TCPA Class Action Lawsuit is Case No. 6:14-cv-2081-31, in the U.S. District Court for the Middle District of Florida, Orlando Division.

Join a Free TCPA Class Action Lawsuit Investigation

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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