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A class action lawsuit alleges that CVS unlawfully sends letters to physicians falsely claiming that their patients are reaching out about prescription medications with their patients’ consent, when in reality, the messages are just marketing materials.
The CVS letter class action lawsuit was filed by Charles Tashjian against CVS Pharmacy, CVS Health Corporation, and CVS Caremark Inc.
He says CVS engages in a scheme to solicit physicians, and unlawfully uses patient information to do so.
According to Tashjian, he uses CVS to fill his prescriptions, and has done so for around the last 10 years.
The CVS class action states that the pharmacy sent multiple notes to Tashjian’s doctor, that made a number of false representations about Tashjian, his medical records, and his medical care.
Tashjian says the letters falsely stated that CVS spoke to him about diabetes care and that Tashjian requested CVS reach out to his doctor on his behalf to ask if it is appropriate to start a statin therapy.
The CVS class action claims Tashjian does not have diabetes and did not make these requests. He says that he never spoke with any employee, agent, or representative about statin therapy, contrary to the assertions made in the letters.
The CVS letter class action lawsuit contends that CVS uses these messages as marketing material, sent to inspire Tashjian’s doctor to write him a statin prescription which CVS could fill and profit from it. Allegedly, the letter is now part of Tashjian’s medical file.
To support his claim that the letters were indented to benefit CVS financially, Tashjian notes that the statin manufacturer provided marketing assistance to CVS and CVS received financial assistance in sending the letters to the doctor.
Tashjian says that CVS did not request to use his name before using it, knowing that he would have rejected the request. Allegedly, CVS did not ask his permission because the company wanted to profit from the scheme.
He goes on to say that CVS makes a practice of misappropriating customers’ names in this manner for its own gain. The plaintiff claims that CVS has a fiduciary duty to its customers which it breached by sending false information to medical providers.
Allegedly, many consumers were injured by CVS’ actions, because their fiduciary duty was breached and because CVS put them at an increased risk of receiving medical treatment, and an increased risk of suffering medical mistakes based on false statements.
Tashjian says that he sent a Class-wide consumer protection act demand letter before filing his CVS class action lawsuit, but was met with an unreasonable response from the company, and has therefore moved on to filing his complaint.
The case was originally filed in state court but has recently been removed to Massachusetts federal court.
Tashjian is represented by Robert E. Mazow and Michael C. Forrest of Forrest LaMothe Mazow McCullough Yasi & Yasi PC.
The CVS False Physician Letter Class Action Lawsuit is Charles Tashjian v. CVS Pharmacy Inc., et al., Case No. 1:19-cv-11164, in the U.S. District Court for the District of Massachusetts, Eastern Division.
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145 thoughts onCVS Class Action Says Pharmacy Mails Letters to Physicians Without Consent
CVS is untouchable. Had experience they contacted my PCP saying I asked to change statin to another. NOT SO.
I filed complaint with MASSACHUSETTS Pharmacy Licensing Department. Received letter from Director saying ” issue resolved.” When I followed up, again in writing, told case, issue closed….do not pursue further.
This is the agency having oversight….clearly not representing public but instead, multi million $$$ corporations. Saw class action filed in 2019 for this very reason….cannot track status.
I had the same problem, multiple refills of my pills prescription, and I take three different kinds of pills medications. Refills before I could even finished them. Also asthma medication, several refills of them and they’re not cheap, I now have enough asthma medications for two years. Thanks to my copay and insurance. Inspite of all of that, they wasn’t allows nice to me because I complained about
it. I wonder if this was happening to me alone. Several years ago,I had similar problems and I didn’t used CVS for seven years.Then I decided what the heck, they close by our home and I started using CVS again for over ten years and more. Customer service is not great. I blame myself, I saw the problems they’d created and I get upset with them respectfully and
then I went back. They are now taking over all the Target stores Rx, so much for deciding to go to Target store for Rx in your area.
Lawsuite or no lawsuit, I’ve had enough of CVS. So I am leaving them. I had never had so much problems with a well known drug store chain. They are everywhere. “Rite Aid,” drug stores are good but they’re not in our hometown
neighborhood. I loved Walgreens
but they are no longer in our area. Plus the job insurance uses CVS. So you’re locked. Life is too short and for the grace of God in Jesus name we have the right to choose that which is good and right for us, even if you have to cross state line to do so, I am willing to do that. If anything in life is causing you negativety and pain, face the fear with God and don’t be afraid, leave them in God’s hands, let go and move on in Jesus Christ name…?
CVS is untouchable. Had experience they contacted my PCP saying I asked to change statin to another. NOT SO.
I filed complaint with MASSACHUSETTS Pharmacy Licensing Department. Received letter from Director saying ” issue resolved.” When I followed up, again in writing, told case, issue closed….do not pursue further.
This is the agency having oversight….clearly not representing public but instead, multi million $$$ corporations. Saw class action filed in 2019 for this very reason….cannot track status.
Go after them and put them out of business. They have, behind my back & without my authorization or permission, solicited my medical providers to encourage use of generic over “Brand Name Only-Medically Necessary”! I have informed them multiple times via their online message center TO NOT CONTACT ME. They ignore my requests by continuing to “robocall” every day saying a prescription is ready. CVS Caremark are crooks and liars. They have created a monopoly that is a detriment to public health!