On August 11, 2015, a putative class action lawsuit was filed against CVS Pharmacy, Inc. (“CVS”) in the United States District Court for the Middle District of Louisiana, alleging that the pharmacy violated the Telephone Consumer Protection Act (“TCPA”). The lawsuit also names West Corporation (“West”), the party alleged to have made/sent the subject unlawful telephone calls and text messages on behalf of CVS. The TCPA class action suit alleges that CVS, using an automated telephone dialing system (“ATDS”), placed telephone calls and sent text messages to consumers without obtaining their prior express written consent.
How did CVS Allegedly Violate the TCPA?
CVS Accused of Violating the TCPA in Class Action Lawsuit
According to the complaint, CVS has repeatedly contacted the plaintiff on his cellular telephone. The complaint alleges that CVS began the practice as early as October 16, 2013, and that the latest allegedly unlawful call placed on behalf of CVS to plaintiff occurred on July 22, 2015. The lawsuit alleges that CVS used an ATDS to place the subject calls to the named plaintiff.
The lawsuit seeks to certify a class of “[a]ll persons in the United States to whom CVS and West placed calls or text messages to their wireless phones using an artificial or prerecorded voice or equipment capable of dialing numbers without human intervention between October 16, 2013 and the present, and excluding those persons who provided prior express written consent to receive such calls.” It should be noted that while the complaint seeks to certify a class composed of, among others, consumers who received text messages from CVS, the named plaintiff himself makes no allegation of receiving any text messages from CVS. The Court has yet to issue a summons.
The TCPA class action lawsuit filed against CVS in Louisiana is just the latest lawsuit CVS faces for allegedly violating the TCPA. As we previously blogged, a similar complaint was filed against CVS in Florida this past December. We will monitor this action for further developments.