CVS Mailed Letters to Customers’ Physicians Without Authorization, Class Action Claims

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A proposed class action claims CVS Pharmacy, Inc. and two affiliates sent to physicians letters in which they falsely claimed patients had contacted CVS and requested that the pharmacy reach out to recommend prescription medication.

A typical letter—represented by CVS as a “Request to Close Potential Gap in Therapy”—was allegedly sent under the guise of administering a “drug compliance program,” the case says. In reality, the letters were nothing more than a direct marketing and advertising scheme funded by drug manufacturers who paid CVS to solicit physicians in order to increase sales, the lawsuit claims.

According to the case, CVS has sent many unauthorized letters in which it illegally used patients’ names, caused false requests for medical treatment to appear on their medical records, and failed to disclose that the pharmacy was being compensated for sending the letters.

As for the plaintiff, the man says CVS claimed in letters sent to his doctor that he had inquired about diabetes care and asked CVS to reach out to his doctor about whether statin therapy would be an appropriate treatment. The plaintiff, however, says he does not have diabetes and never asked CVS to contact his medical provider regarding statin therapy.

“CVS misappropriated, for their own commercial purpose and without consumer consent or other authorization, the confidential and personal consumer medical prescription information which had been entrusted by customers to CVS,” the complaint states.

The lawsuit, originally filed in state court, has recently been removed to Massachusetts district court.