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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.

Nationwide Allegations, Treble Damages Sought

Lewis is asking the court to certify a nationwide class, representing anyone in the U.S. who:

• Did not provide their number to CVS,

• Received more than one marketing voice or text message from the company in any 12-month period,

• And had their number registered on the Do Not Call Registry at least 31 days beforehand.

He further demands treble damages, pre- and post-judgment interest, attorneys’ fees, and a permanent injunction preventing CVS from continuing its alleged telemarketing practices.

Legal Teams and Pending Response

Lewis is represented by Valerie Chinn of Chinn Law Firm LLC and Anthony I. Paronich of Paronich Law PC. As of Wednesday, representatives for CVS Health Corp. had not issued a statement, and counsel for the company has not yet been publicly disclosed.

The case adds to a growing list of corporate TCPA violations, as courts increasingly grapple with the balance between consumer privacy rights and digital marketing strategies.