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The plaintiffs in the CVS TCPA class action lawsuit alleging the pharmacy peppered them and others with unwanted calls for their flu shots have won a $15 million settlement.
Lead plaintiffs, Illinois residents Carl Lowe and Kearby Kaiser, alleged in their 2014 class action lawsuit that CVS Pharmacy violated the Telephone Consumer Protection Act (TCPA) when it sent reminder calls to consumers about their flu shots. The plaintiffs contended that the reminder calls were unwanted and that CVS used an automatic dialing system – both alleged violations of the TCPA.
TCPA is a federal law that was enacted to stem the tide of telemarketing leeching its way into consumers’ lives. In addition to requiring prior express consent for marketing calls, the law limits the use of automatic dialing systems and robocalls.
The TCPA also set up the National Do-Not-Call Registry as a way for consumers to partially shield themselves from unwanted telemarketing behavior. The Act assesses steep fines for violations, between $500 and $1,500 per unwanted call.
The complaint also alleged that CVS violated Illinois consumer protection laws.
The CVS TCPA class action lawsuit saw of over five years of litigation. The plaintiffs alleged that they and other customers had been contacted by CVS without permission. During the calls, according to the complaint, a prerecorded message reminding them of their flu shot and advertising CVS Pharmacy’s services was played.
While neither the plaintiffs nor CVS Pharmacy admits a loss, the plaintiffs concede that the proposed class action settlement agreement will help avoid expensive and time consuming litigation.
“Without the settlement, the class ran the very real risk of recovering nothing,” noted the plaintiffs in their motion to approve the CVS TCPA class action settlement. “Realistically, it could be more than a year before the case would proceed to trial, and the appeals process may further delay any judgment in favor of class members. The settlement, instead, avoids these risks and provides immediate and certain relief.”
Under the term of the settlement, Class Members can expect to receive approximately $35 and most will receive an automatic distribution of funds.
Class Members include Illinois residents who received a call on their cell phone from CVS Pharmacy as a part of their 2013 flu shot reminder campaign. The call would have been prerecorded and offered a coupon.
According to the CVS TCPA class action settlement, there are records of over 200,000 Class Members whose cell phones’ were called with the prerecorded flu shot message.
“This settlement — in providing for automatic distribution of checks in most instances — has the added benefit of ensuring greater direct relief to settlement class members than many other TCPA class settlements that rely entirely on a claims process,” noted the motion for approval of the settlement.
The lead plaintiffs and Class Members are represented by Alexander H. Burke and Daniel J. Marovitch of Burke Law Offices LLC, Edward A. Broderick of Broderick Law PC, Matthew McCue of the Law Office of Matthew P. McCue, and Brian K. Murphy of Murray Murphy Moul Basil LLP.
The CVS TCPA Class Action Lawsuit is Lowe, et al. v. CVS Pharmacy Inc., et al., Case No. 1:14-cv-03687, in the U.S. District Court for the Northern District of Illinois
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30 thoughts onCVS Class Action Over Flu Shot Calls Settles For $15M
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Victims $40@ times 200,000 is $8,000,000
$15M settlement minus $8M = $7,000,000 for attorneys.
Where do I sign up for law school?!
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SUE THE HELL OUT OF THEM!! I got sick because of the flu shot, and everyone I know is either sick from getting one or got sick from someone who had 1!!! They shove their poisons down our throats/veins and push these experimental vaccines so they profit AT OUR EXPENSE!!! Much like there was a strike against stop and shop, IF PHARMACIST AND WORKERS FORCED TO GET FLU SHOTS (Which still got sick afterwards went on strike and told the truth until a multi billion dollar settlement was reached they would not be able to continue this hoax!!
Clearly you are ignorant regarding the effects of an influenza vaccine! It is not a live vaccine, therefore, it can not make you sick. It can however increase your chances of becoming sick as a result of your immune response two weeks following the vaccine. Also, most individuals receive a flu shot during the fall/winter months when someone’s chances of getting sick are higher. Learn your facts.
You are clearly wrong. I got sick after getting a mandatory influenza vaccine as a RN at my work place. It potentiated Lyme Disease which I was not aware of at that time. I also know an epidemiologist who got sick with M.S. after his ‘flu shot. So shut up already Rachel.
Oh my God. You anti-vaxxers are a special breed of stupid. You’re either too afraid of learning anything about science and prefer ignorance or you are too unintelligent to actually absorb any information about it. Rachel is correct. The shots are not experimental nor do they cause random illnesses. The shot protects against one strain of the flu, so you can still contract a different strain despite getting the vaccine.
Imagine being dumb enough to believe every single medical professional in the entire world is in on this ridiculous scheme to lie to everyone about the benefits of vaccines. Just think of the sheer number of people who would have to be 100% dedicated to perpetuating the lie. It would be IMPOSSIBLE to orchestrate something of that scale and have no one break.
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This class action law suit is a joke — just more greedy attorneys extorting money out of corporate America. This is what’s wrong with our system folks. It’s extortion at its best. Don’t go along with them next time. Somebody’s upset because they got a phone call, then some law firm call them. The individual got $35 and the law firm got hundreds of thousands. You’ve got to be kidding me. Get a life you unethical lawyers. Can you really live with yourselves after something like this. Wow!
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