CVS Text Alerts Challenged in Class Action Lawsuit

A CVS text alerts lawsuit has been filed in California regarding allegations that the company contacted the plaintiff without their consent and continued to send messages despite repeated requests to stop. The lawsuit seeks to establish a class of similar plaintiffs, meaning that if you’ve received unwanted text alerts from CVS, you may be able to join this class action lawsuit in order to seek damages.

Allegations Regarding CVS Text Alerts

Plaintiff Kevin Truong alleges that, prior to April 30, 2020, he received automated CVS text alerts despite never having signed up for the service. Truong claims that he doesn’t usually use CVS for refilling prescriptions and that his number is signed up with the “National Do Not Call Registry.”

On April 30, Truong claims to have sent a “STOP” message to the CVS “short code” number which had been contacting him. In response, Truong received a text stating that he would “no longer receive msgs from Minute Clinic.” Minute Clinic is a small clinical healthcare service located within CVS pharmacies.

Despite Truong’s attempt to opt-out of the alerts, he continued to receive text messages from the CVS short code. Many of these texts were reportedly automated appointment confirmation messages. Some of the locations specified in these texts were in Massachusetts. Truong lived in California at all relevant times, according to the suit.

Truong claims to be the owner and sole user of his cell phone. He also claims never to have given CVS his consent to contact him. He claims to have sent over 50 “STOP” messages in an effort to stop the CVS text alerts.

Telephone Consumer Protection Act

Truong is claiming that CVS violated the Telephone Consumer Protection Act (TCPA). According to the Federal Communication Commission (FCC), the TCPA was created in 1991 in response to the booming popularity of telemarketing. The Act restricts when telemarketers can make calls, who they can contact, and how they’re required to transmit caller ID information.

There are two revisions to the TCPA which affect Truong’s class action lawsuit. First, Truong claims to have been signed up for the National Do-Not-Call Registry. The TCPA establishes this registry and requires companies to create their own individual do-not-call registries, as well. Contacting a person on the national registry is a violation of the TCPA unless the telemarketer can prove the contact was made in error.

Second, Truong claims never to have given his consent to be contacted by CVS telemarketers. Due to a 2012 revision to the TCPA, telemarketers are required to receive prior express written consent before contacting consumers.

Previously, a telemarketer could use an “established business relationship” to avoid getting consent. Telemarketers are also required under this revision to provide an “opt-out” mechanism to those they contact. Truong claims that “CVS maintains no system or tracking to document the opt out attempts” made by those they contact.

How to Join the Do-Not-Call Registry

If you want to avoid text alerts and calls from telemarketers, one way is to sign up for the national Do-Not-Call Registry. According to the Federal Trade Commission, to sign up for the service, you can either visit the Registry website or call 1(888)-3820-1222 from a number you wish to add to the list. The FTC says registrants will begin seeing fewer telemarketing calls within 31 days of joining the list.

However, if you continue to see unwanted calls and texts from telemarketers, you may wish to file a class action lawsuit like the one filed by Truong. If you’ve received unwanted CVS text alerts, you may be able to join that class action.

This CVS Text Alerts Lawsuit is Case No. 8:20-cv-01176 filed in the United States District Court for the Central District of California.

Join a Free Text Message Coupon Class Action Lawsuit Investigation

If you have received coupons or sales advertisements in a text message from a restaurant or clothing retailer and your phone number is registered with the National Do Not Call registry, you may be entitled to compensation.

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This article is not legal advice. It is presented 
for informational purposes only.