CVS Pharmacy Unwanted Telemarketing Messages TCPA Class Action

The Telephone Consumer Protection Act (TCPA) was designed to give consumers choice about who was allowed to contact them with telemarketing messages. The complaint claims that CVS Pharmacy, Inc. violates this law by sending telemarketing messages to consumer cell phones without first getting the cell phone owners’ prior express written consent.

Congress passed the TCPA in 1991. It found that “[b]anning such automated or prerecorded telephone calls to the home, except when the receiving party consents to receiving the call or when such calls are a necessity in an emergency situation affecting the health and safety of the consumer, is the only effective means of protecting telephone consumers from this nuisance and privacy invasion.”

Telemarketers are prohibited from placing calls to consumer cell phones for non-emergency purposes, using an ATDS or an artificial or prerecorded voice, unless they have the consumers’ prior express written consent.

The law also provided for a National Do Not Call Registry where consumers could register their telephone numbers to request not to be called by telemarketers.

Plaintiff Kevin Truong’s cell phone has been on the National Do Not Call Registry since April 2014. However, six years later, in April 2020, he received what the complaint calls an automated text message, from CVS Pharmacy.

Truong had not given his telephone number to CVS and had not given them a phone number they could use. He sent a “STOP” message in reply to the CVS message. The immediate result was another unwanted message: “MinuteClinic Visit Alert: You will no longer receive msgs from MinuteClinic…” at CVS.

He also received several other text messages from the company after that. Despite sending numerous other “STOP” messages, he continued to receive messages from CVS. The complaint claims that he has now sent more than fifty “STOP” messages, between April 30 and June 4, 2020. CVS has continued to send him messages.

A class and a subclass have been defined for this action.

The ATDS Class is all persons in the US who received a text messages from CVS Pharmacy, on their cell phones, that were not sent for emergency purposes and were sent through the use of an automatic telephone dialing system or an artificial or prerecorded voice, between July 2, 2016 and July 2, 2020.

The DNC Subclass is all persons in the US who, between July 2, 2016 and July 2, 2020, received more than one telephone call or text message from CVS Pharmacy, on their cell phones, within any twelve-month period, by or on behalf of the same entity, without their prior express consent, while their number was listed on the National Do Not Call Registry.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

CVS Pharmacy Unwanted Telemarketing Messages TCPA Complaint

July 2, 2020

The Telephone Consumer Protection Act (TCPA) was designed to give consumers choice about who was allowed to contact them with telemarketing messages. The complaint claims that CVS Pharmacy, Inc. violates this law by sending telemarketing messages to consumer cell phones without first getting the cell phone owners’ prior express written consent.

CVS Pharmacy Unwanted Telemarketing Messages TCPA Complaint

Case Event History

CVS Pharmacy Unwanted Telemarketing Messages TCPA Complaint

July 2, 2020

The Telephone Consumer Protection Act (TCPA) was designed to give consumers choice about who was allowed to contact them with telemarketing messages. The complaint claims that CVS Pharmacy, Inc. violates this law by sending telemarketing messages to consumer cell phones without first getting the cell phone owners’ prior express written consent.

CVS Pharmacy Unwanted Telemarketing Messages TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Text Messages