CVS Pharmacy Allegedly Violated TCPA….Again!

by DeLadurantey Law Office, LLC on January 30, 2015

CVS picCVS Pharmacy, Inc. (CVS) now has three class action lawsuits filed against it for violating the Telephone Consumer Protection Act (TCPA). Two separate lawsuits are pending against CVS in Illinois, both alleging that the company violated the “robocall” provisions of the TCPA. The most recent class action lawsuit filed on December 19, 2014, in Florida, claims that CVS has been sending unsolicited text messages to consumers. CVS’s response to the Florida lawsuit is due this month.

The Florida lawsuit alleges that in early 2012, CVS started using an automated system to send text message alerts regarding customer prescriptions. The text messages included reminders to pick-up prescriptions, but CVS also send marketing notifications related to other services offered by the company. Plaintiff claims CVS has violated TCPA because it did not obtain prior express written consent from the consumers before sending the text messages. In fact, CVS allegedly automatically enrolled any customers that filled a prescription with its pharmacy into the text messaging system.

Plaintiff’s personal claim is that she was receiving text message alerts from CVS for somebody other than herself. The plaintiff responded to the messages with “STOP” as instructed by the texts that she received. However, the named plaintiff continued to receive the text messages from CVS.

Be sure to check back for an update on these three TCPA cases pending against CVS. Also, if you have questions regarding telemarketing calls or text messages you are receiving without your prior express written consent, call DeLadurantey Law Office to schedule an appointment.

If you would like a down-to-earth approach and a lawyer who will listen carefully to all your questions and concern, call DeLadurantey Law Office, LLC,at (414) 377-0518. We serve clients primarily in the areas of TCPA lawsuits, student loan law, Chapter 7 and Chapter 13 bankruptcies, debt negotiations and defending foreclosure actions. If you live in the area of Milwaukee, Wisconsin, call us for the debt relief assistance you need. Visit our web site and like us on Facebook.

 

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