CVS Health Corp. is under legal fire after being slapped with a proposed class action lawsuit in Georgia federal court, accusing the retail pharmacy giant of violating the Telephone Consumer Protection Act (TCPA) by sending unsolicited marketing text messages to individuals listed on the National Do Not Call Registry.
The complaint, filed Monday in the U.S. District Court for the Northern District of Georgia, centers on plaintiff Robert Lewis Jr., who claims he received five promotional texts from CVS between Jan. 30 and March 27 — despite having never given his consent and having his number registered on the Do Not Call list.
“An Invasion of Privacy”
Lewis alleges that CVS’s repeated outreach amounted to far more than harmless marketing — calling it “an invasion of privacy, an intrusion into his life, and a private nuisance.” The texts, he said, were received even after informing CVS in writing that he had not consented to receive such messages.
Under the TCPA’s implementing regulations, companies are barred from sending telemarketing messages to residential or wireless numbers listed on the Do Not Call Registry for at least 31 days, unless explicit permission is obtained. Lewis claims CVS knowingly sidestepped this regulation.