CVS Health Corp has been named in a major class action lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA) due to the transmission of unwanted telemarketing text messages to cell phones listed on the National Do Not Call Registry. Filed in a Georgia federal court, the lawsuit accuses CVS Pharmacy of using automated telephone dialing systems and prerecorded voice systems to contact individuals without obtaining prior express written consent, which is a direct breach of consumer protection laws in the United States.
The case, Lewis v. CVS Health Corp,shines a spotlight on the intersection of digital marketing and consumer privacy. With CVS Pharmacy Inc. under scrutiny for its telemarketing practices, the potential implications for other companies relying on automated technology, SMS messages, and spam texts are enormous.
The Foundation of the CVS Class Action Complaint
The lawsuit was filed by Robert Lewis Jr., who alleges he received five separate marketing text messages from CVS Pharmacy between January 30 and March 27. His cellular telephone number had been registered on the National Do-Not-Call list for over 31 days,long enough for the protections of the Telephone Consumer Protection Act to apply.
Lewis contends that CVS did not have a business relationship with him, nor did he provide prior express written consent for receiving marketing text messages or text alerts. The messages were, according to him, an invasion of privacy, a private nuisance, and clear evidence of TCPA violations. He also alleges that these automated dialing system messages were sent through short code delivery systems, which are commonly used in automated marketing campaigns.
What Is the Telephone Consumer Protection Act (TCPA)?
The Telephone Consumer Protection Act was enacted by the Federal Communications Commission to limit telephone solicitations, voice message spam, telemarketing calls, and text messages to wireless phones and residential numbers. Under the TCPA:
- Companies must obtain prior express written consent before sending automated messages.
- Use of Automatic Telephone Dialing Systems (ATDS) or automated systems to send text messages, SMS messages, or prerecorded voice messages is highly regulated.
- Numbers listed on the National Do Not Call Registry or Do-Not-Call list cannot receive unsolicited marketing text messages or telephone calls.
These protections apply nationwide across the United States, ensuring consumer protections for millions of Americans against unlawful text messages.
Allegations of CVS’s Telemarketing Practices
The lawsuit claims CVS used an Automated Telephone Dialing System, commonly referred to as an automated system, to deliver text messages without filtering out numbers on the National DNC Registry or verifying the presence of prior express written consent. This points to systemic negligence,or possibly intentional disregard,for consumer protection laws and Federal Trade Commission and Federal Communications Commission regulations.
In addition to spam texts, the lawsuit suggests the messages may have included marketing notifications for services like flu shot reminders, refill options, or even customer prescriptions, though these messages were delivered without explicit permission and thus still constitute TCPA violations.
The Proposed Class Members in the Lawsuit
The lawsuit seeks to include all class members who meet the following criteria:
- Received at least two text messages, voice message, or telemarketing calls within a 12-month period
- Had their numbers registered on the National Do Not Call Registry or the Do-Not-Call list for more than 31 days
- Did not provide prior express written consent
- Received automated marketing from CVS within the last four years
This proposed class action complaint could affect tens of thousands of consumers across the United States, who may not be aware of their eligibility to claim part of a potential settlement fund.
Potential Relief and Settlement Amount Sought
Lewis and his legal team are demanding the following:
- Treble damages as allowed under the TCPA
- Settlement amount covering all class members
- Full coverage of attorneys’ fees
- An order for CVS to cease its telemarketing practices
- Injunctive relief to prevent further TCPA violations
While no official settlement agreement has been reached, prior TCPA settlements involving companies like American Eagle Outfitters, Life Time Fitness, Michael Kors, Steve Madden, and The Body Shop have set precedents in the millions of dollars.
CVS’s Troubled Legal Landscape
This isn’t the only lawsuit currently facing CVS Health Corp. A separate class action lawsuit in Pennsylvania alleges the company colluded with drug manufacturers to suppress access to affordable generics for those on SilverScript Medicare Part D plans n. These repeated legal issues point to a larger problem within the corporation regarding consumer protections, privacy compliance, and regulatory oversight.
How Automated Telephone Dialing Systems Create Risk
A growing number of companies use automated technology and short codes to reach customers. However, the Federal Communications Commission has made it clear: cell phone users must consent in writing to receive text messages, telemarketing calls, or voice messages sent using automated dialing systems.
The CVS case calls attention to the lack of safeguards in place when automated dialing systems are used improperly. Many consumers find themselves on the receiving end of text message alerts with no way to opt out , and often without knowing how their number was acquired.
Privacy Matters: Impact of Unlawful Text Messages
Receiving unwanted telemarketing text messages can be disruptive, stressful, and sometimes even alarming. Many consumers report confusion, frustration, and a loss of trust in companies that send such messages without opt-out instructions or valid business relationships.
Cell phones are intimate communication tools, and the misuse of this access through automated marketing is more than an annoyance , it’s a violation of privacy and federal law. These texts often interrupt daily life, invade personal space, and fail to include information about how to unsubscribe or contact customer service.
Why This Lawsuit Matters for the Entire Country
This class action news story extends beyond CVS Pharmacy Inc. The broader message is clear: companies must respect consumer protection laws, validate the presence of prior express written consent, and avoid the careless use of automated systems.
If the court rules in favor of Lewis, it could:
- Strengthen TCPA enforcement by the Federal Communication Commission and Federal Trade Commission
- Raise awareness about opt-out instructions and contact numbers
- Push corporations to update their implementation measures
- Prompt new regulatory guidelines affecting all U.S.-based telemarketing calls and text messages
From cellular telephones to wireless numbers, this ruling could set new standards across all digital communication platforms.
Legal Oversight and Regulatory Pressure
The United States District Court will play a pivotal role in reviewing the class action complaint, establishing whether CVS Health Corp must pay a significant settlement amount or face trial. The court’s involvement ensures federal oversight over claims that are increasingly common in the age of digital communication.
Other states such as Florida are also cracking down via additional regulations like the Florida Telephone Solicitation Act, signaling more aggressive enforcement against robocalls, SMS messages, and fax advertisements in both state and federal jurisdictions.
The Trend of TCPA Violations in Corporate America
The CVS lawsuit is part of a national trend in which companies such as Clover Network LLC, Victoria Soboleski, and Carl Lowe have faced scrutiny for TCPA violations, including cases in the Eastern District of Michigan, Northern District of Illinois, and other courts across the United States.
From deceptive promotions to auto warranty spam to text messages without explicit permission, these cases emphasize the growing urgency for businesses to overhaul their telemarketing practices.
Call to Action: Know Your Rights
At Ted Law Firm, we track landmark litigation like the CVS class action lawsuit to keep the public informed .We serve families across Aiken, Anderson, Charleston, Columbia, Greenville, Myrtle Beach, North Augusta and Orangeburg. This case, involving alleged TCPA violations through telemarketing practices, shows how critical it is for every consumer to be aware of their rights under the Telephone Consumer Protection Act. Whether it’s through unwanted text messages, prerecorded voice messages, or automated systems, no one should endure privacy violations, especially not from large corporations. Contact us today for a free consultation,
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
