In 2015 consumers filed a class-action lawsuit against CVS Pharmacy, Inc. alleging that CVS sent automatic text messages to consumers nationwide in violation of the Telephone Consumer Protection Act (TCPA). The suit accuses CVS of sending thousands—if tens of thousands—of text messages to consumers without the requisite consent to do so. Specifically, the suit alleges that “by sending the text messages at issue… [CVS] caused plaintiffs and members of the class actual harm, including the aggravation and nuisance that necessarily accompanies the receipt of unsolicited text messages.” The suit alleges that CVS’ process initially obtains consent from consumers to receive automatic text messages to their cellular telephones reminding pharmacy customers to refill their prescriptions or that their prescriptions are available for pick-up. The problem for CVS, however, is the fact that once a consumer chooses to be a part of this limited program, CVS would nonetheless then send an additional automatic text message regarding the marketing and selling flu shots. The problem is that the consumers consented to receive prescription notifications but not other marketing or promotional information. The suit is Marcus v. CVS Pharmacy, Inc. is pending in the U.S. District Court for the District of New Jersey..
If you or someone you know have received unwanted or unsolicited text messages to your cellular phone, please contact DeNittis Osefchen Prince at (856) 797-9951. Our experienced consumer law attorneys are dedicated to fighting corporations and banks against violations of consumers’ privacy. In fact, we have extensive experience in TCPA and class-action litigation.