CVS sued over alleged ‘political manipulation’ through mass text messages
A law firm in Louisiana has filed a class-action lawsuit against CVS Health over its use of text messaging to alert customers to an upcoming vote on legislation that the company believed would negatively impact its business.
Lawyers at Broussard, David and Moroux are seeking members of the class action via a post on their website, with anyone who received the texts eligible to sign on. In their court filing, the plaintiffs allege that the direct-to-patient marketing is a misuse of patient data and violates the law.
In a statement to the Acadiana Advocate, Jerome H. Moroux, one of the lead attorneys, said patient information “is meant for healthcare, not political manipulation.”
“No one goes to the pharmacy expecting their personal data will be turned into a campaign tool. That crosses a bright ethical and legal line,” he added.
The outlet, which was one of the first to break the news, wrote that the text messages sent by CVS were in response to Louisiana House Bill 358, a proposed law that would have banned pharmacy benefit managers (PBMs) from owning and operating pharmacies in the state.
The bill, which is similar to a newly passed regulation in Arkansas, failed to get through the Louisiana legislature. However, similar legislation remains in the pipeline that could regulate PBMs and their direct relationship to pharmacies.
CVS, which owns a chain of retail pharmacies as well as the PBM Caremark, sent mass texts urging customers to contact elected officials, warning them that the cost of drugs could increase if the “last-minute legislation” closed down their local CVS pharmacy.
According to the court filing from Broussard, David and Moroux, the messages went out to “thousands of Louisiana citizens” and included additional emails that deployed “alarming, incendiary language to falsely suggest” that access to drugs was threatened by HB 358.
The law firm also accused CVS of mainly targeting disabled and elderly people in the messaging campaign. They believe the incidents violate the Louisiana Unfair Trade Practices Act, which the attorneys contend forbids using health information in political advertising and bans potentially deceptive political outreach more broadly.
CVS has denied any wrongdoing.
Fore more, read the full story from the Acadiana Advocate at the link below.
Chad is an award-winning writer and editor with over 15 years of experience working in media. He has a decade-long professional background in healthcare, working as a writer and in public relations.