Update:
- CVS Pharmacy reached an undisclosed settlement to end a class action lawsuit alleging it made repeat robocalls to people all over the country, including calling one California man 19 times because it had the wrong number.
- In a stipulation filed Sept. 29, plaintiff Robert Dorfman and CVS asked the Illinois federal court to dismiss the case, having earlier stated they had reached an agreement through private mediation.
- Dorfman alleged violations of the Telephone Consumer Protection Act, claiming he started receiving robocalls from CVS regarding a prescription refill for someone named “John” that did not stop.
- The move comes after U.S. District Judge Franklin U. Valderrama denied a motion to dismiss claims against CVS in November 2021.
CVS robocall TCPA class action lawsuit overview:
- Who: A California resident is suing CVS Pharmacy.
- Why: Robert Dorfman says CVS has breached the Telephone Consumer Protection Act by placing repeat robocalls to people nationwide.
- Where: The lawsuit is pending in Illinois.
(Dec. 03, 2021)
CVS Pharmacy can’t shake a class action lawsuit alleging it made repeat robocalls to people all over the country, including calling one California man 19 times because it had the wrong number.
In an order filed Nov. 30 in an Illinois federal court, U.S. District Judge Franklin U. Valderrama denied a motion to dismiss claims against CVS.
Plaintiff Robert Dorfman filed the class action lawsuit against the pharmacy chain alleging violations of the Telephone Consumer Protection Act (TCPA). He says he started receiving robocalls from CVS regarding a prescription refill for someone named “John” in Nov. 2015.
Dorfman continued to receive these calls even after he contacted a CVS pharmacy in December 2015 to inform the company it was calling the wrong person and request that the calls stop.
The pharmacy agent allegedly told Dorfman that there was nothing he could do and the robocalls persisted with Dorfman getting 19 robocalls in total over the next 6 months.
CVS Asked to Dismiss Class Action, Saying Automated Call Ban Is Unconstitutional
CVS had filed to have the case dismissed, arguing that the automated call ban was ruled unconstitutional by the Supreme Court during the period Dorfman is suing for and insisting that it could not have violated an unconstitutional statute as that statute was “void ab initio” or having no legal effect.
However, Judge Valderrama disagreed, saying the law applies retroactively and that the general robocall prohibition survived the unconstitutional amendment.
Meanwhile, in July, CVS agreed to pay out a $10.4 million class action settlement resolving about 24,700 CVS Pharmacy employees’ claims that the company failed to pay them the overtime wages they were due.
Have you received a robocall from a pharmacy? Let us know your experience in the comments.
Dorfman is represented by Todd Carpenter, Scott Braden, Katrina Carroll and Kyle Shamberg of Carlson Lynch LLP.
The CVS Robocall TCPA Class Action Lawsuit is Dorfman v. CVS Pharmacy Inc, et al., Case No. 1:17-cv-00156, in the U.S. District Court for the Northern District of Illinois Eastern Division.
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22 thoughts onCVS, customers agree to dismiss illegal robocall class action
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I have told CVS that I do not want these calls. These people call me all day. I mean 20 times a day. I cannot believe that they can get away with this. I told one representative that I would report them she said report what you want. I then told her to stop calling me. She called me a bad word and told me that she will call me as much as she wants to. I blocked the number and they called me from another number. I spent all day blocking numbers that kept showing up as sales calls. I get these all day every day today 6/27/2022 at 2:56p.m. i have already received 14 calls today and it ain’t 5 o’clock yet. somebody please help me
I have been getting my pain medication from CVS in San Diego for a year now and Told them the MRG. the name I get is “Mallinckrodt” Hydrocodone-Acetamin 10-325 MG. In the last 2 months, every CVS in san Diego never seems to have that MGR. pain pills or just a few. So they give me a cheaper brand “Lupin”. They don’t work for me. What is going on with CVS and their terrible pharmacies? They overcharge or never have the right pills.
I have repeatedly told Cvs not to call about refills, flu shots, and anything else. They relentlessly harassed me to the point that I refuse to give them my phone number so now they are calling my boyfriend. Just when I think they will leave me alone, they start up again.
They also made a mistake last month on my pain meds. They changed my prescription so now I cannot get my pain meds for two more days. I will be suffering withdrawals from a strong painkiller because of their irresponsible employees too lazy to do their job correctly. I complained last month and they have done nothing to correct their mistake. I am responsible with my pain meds and I should not have to get so deathly sick for two days.
I need help with this. Cvs has an issue with informing me of dates that my pain dr.wrote on my perspiration which is a dnf date. Which is fine with me I don’t abuse my meds and when I explained to them that I needed to know if my Dr wrote a dnf date on the script last week while picking up my meds they said no I said r u sure they said u may pick up on the 12th I said ok great. I called at midnight on the 12th for pick up at 8am and they said no problem so twice in the same day. I went at 8:22 a.m. on the 12th to be told sorry your dr put the 13th I said ok that’s fine but y would 2 different pharmacist in the same day tell me the same thing which was I was ok to pick it up on the 12th they didn’t have an answer. So I decided to go back on the 12th at 9pm and get the name of the pharmacist who said this. Turns out she was there. She claimed she was did it and said she tried to call me back and left me a voice mail I haven’t had a voice mail set up in over a year because of all the scam calls I get since I signed back up with AT&T. No voice mail at all on my phone. So I said y can’t u guys just tell me the truth u screwed up. I’m so tired of being lied to by this company. She claims well I did call u back while showing her there were no missed calls she then claimed she called at 7:30am the next day which she didn’t do either. So I said it’s not about the meds it’s about the lieing u guys r doing. She then Calld me 20 mins later to say I was trying to make a deal with and work this out r u out of your meds I said NOO. I THEN SAID U R BEING RECORDED. This is about u lieing to patients she then said well I was trying to tell u I was gonna give u oxycodone for the night if u were out I said again no I will wait till 8am. This isn’t about the meds this is about the lieing and it needs to stop.i informed her she was being recorded while she was offering me drugs. I told her the lieing needs to stop. She apologized and still tried to push drugs on me. I’m dun with cvs and the lies and need guidance on how to report this. Corporate acted liked they cared but didn’t. Someone plz help I wanna sue but don’t know how to go about this and yes it’s all recorded.
Please add me I’m over getting calls to refill and to schedule a flu shot
My name is Randy fraley, I need some really good legal advice, this could be worth alot of money. But it’s going to take a really good firm.I have being misdiagnosed for a long time.my # is 606-934-2587 or 606-934-2416. Please, even the lidocaine patches,,she’s right they don’t stick
How do I get added to this? I have repeatedly asked for them to stop the automated calls but still receive calls daily if not more.
Add me. In the past 6 months several calls from east coast to my California home says my rxs ready to pick up. I called n told management no way
They said they have no control.