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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
add me! I gave up on CVS’s Rx, switched after having too many issues, despite the buck rewards.
Didn’t have any issues till I started a new medication. But I wasn’t understanding why when I went for my script after getting a text saying it was ready. I was told I didn’t have any refills and there was nothing for me to pick up. I called my Dr’s office, they called CVS and the pharmacist said he wasn’t looking for my prescription. My Doctor was shocked and explained to me not only was his license on the line but so is the pharmacist. So he called back and demanded to see the video surveillance tapes of me picking my script up. It was amazing my prescription was there it must have been misplaced. Yeahhhhh right….I even saw a Dr of Psychiatry roll his eyes so it had to have been a lie. My question is why did they want my medicine? Or to not make it sound personal, why couldn’t the pharmacist have said he would look for it and let the Dr know? Now on the app I have my two meds marked not to auto fill and they do anyway. If I refuse the medication I lose the refill altogether. So I’m confused why can’t they just be more Mayberry and listen to what their customers want? Are we not who pays to keep their lights on?
This has happened to me – have saved every text and phone # when they robocalled. I SPECIFICALLY TOLD THEM via text that I was not refilling a prescription – they filled it anyway – left multiple calls/texts refill was ready – called the local CVS to tell them I DID NOT AUTHORIZE refill. They didn’t stop. In fact, during one call the clerk said “Oh your physician refilled it”! which IS A LIE. Again, they keep calling telling me “We can reach out to your physician to refill”. They have already had class actions against them for similar complaints – always upselling the patient. I explicitly told them NO DO NOT CALL MY DOCTOR. CVS needs to be fined enough to be put out of business once and for all. I will be filing a formal complaint with the FTC/FCC – against the local CVS for violating my rights and hope the heck we all sue them. I will avoid them at all costs but unfortunately through employer I have CVS/Caremark (different than local CVS) and can use independent pharmacy. I hate CVS!
This is but one of many tricks being used by CVS. My Group insurance provider almost forces me to use CVS for financial reasons. CVS, in my opinion is a self serving company with loads of money to buy the influence they need, without the underhanded schemes they use. In my opinion, they operate under the table and unlawfully.
I have discussed some of the things they do with my PCP and he agrees with my opinion. Has heard it from many patients.
Go get them.
CVS is still contacting doctors without consent. Two days ago they did it to my son and to me today.
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Lot of times there’s a prompt at check out that gives permission to ask for medicines that might be where consent was given and even then so I see a pharmacist commented and said they can contact doctor a on their own for that
THey don’t need your permission to contact your doctor about your care it’s call corresponding responsibility- look it up! Pharmacies have been contacting providers for statins for suspected or known diabetic patients for years now because the clinical treatment guidelines which are evidence based recommendations suggested giving anyone diabetic over a certain age get a statin medication because it reduces their risk for a heart attack… because when assessing someone’s risk for having a heart attack in the Next 10 years, having diabetes is treated as if you already had one. But if you would prefer clogged arteries and throwing caution to the wind, you are certainly entitled to do so, just don’t waste a bunch of everyone’s time and money. And a letter being part of your medical record is problem with your doctor not cvs.