“Last minute legislation in Louisiana threatens to close your CVS Pharmacy – your medication cost may go up and your pharmacist may lose their job,” CVS said in the text messages. “Contact your elected officials to protect your access.”
A Louisiana lawsuit claims that CVS misused customers’ personal information when it sent out a wave of politically-charged text messages.
According to The Advocate, the prospective class-action lawsuit was filed earlier this week in a St. Martin Parish court. The plaintiffs are represented by attorneys from the law firm of Broussard, David & Moroux. Together, they claim that CVS’s decision to push political text messages crossed a “bright ethical and legal line.”
The text messages detailed in the lawsuit relate to CVS’s attempt to persuade customers to pressure lawmakers into opposing a recently introduced bill that, if passed, would prohibit pharmacy benefit managers (PBMs) from owning pharmacies within Louisiana.
CVS Health is one of the country’s largest PBMs and claims the bill would force it to close many of its Louisiana stores.
“Last minute legislation in Louisiana threatens to close your CVS Pharmacy – your medication cost may go up and your pharmacist may lose their job,” CVS said in the text messages. “Contact your elected officials to protect your access.”
Legislators, in contrast, say that the proposal is intended to control prescription drug prices and prevent large companies from putting local pharmacies out of business.
The bill ultimately failed, but it was supported by the state’s Republican governor, Jeff Landry, along with many congressional Democrats.
The text messages were criticized as “misleading” by some state legislators, including Rep. Mandie Landry of Louisiana’s 91st district.
“They sent me some of the emails, ‘This will eliminate more than 100 pharmacies, this will harm people’s ability to manage life-threatening conditions like organ transplants or cancer, this puts the lives of Louisiana patients at risk’” said Louisiana state Rep. Mandie Landry, a Democrat. “CVS, you should be so ashamed, because you are scaring people.”
The lawsuit makes a similar set of allegations, arguing that CVS Caremark—a subsidiary of the larger CVS Health—used text messages to scare customers into opposing legislation.
“Patient information is meant for health care, not political manipulation,” attorney Jerome H. Mouroux said. “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.”
“Our clients felt scared, confused and betrayed,” Moroux said. “Many thought their medications were in jeopardy. Others felt responsible for their pharmacist’s job security. That kind of emotional manipulation — using confidential health records — is not just wrong, it’s unlawful.”
The lawsuit currently has two named plaintiffs, but attorneys expect that a potential class could number in the “tens of thousands.”
Sources
CVS texts to Louisiana patients over pharmacy bill manipulated patients, lawsuit argues
La. AG issues cease-and-desist to CVS over texting customers about pharmacy benefit managers bill
Lawsuit says CVS crossed ‘ethical and legal line’ while fighting late change to pharmacy bill
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