If you purchased certain generic prescription drugs from a CVS pharmacy in Arizona, California, Florida, Illinois, Massachusetts, or New York between November 9, 2008 and July 31, 2015, a class action lawsuit may affect your legal rights.
You are a member of one or more of the Classes if you meet all of the following requirements:
- You purchased one or more generic prescription drugs included HERE;
- Your purchase(s) occurred at a CVS pharmacy in Arizona, California, Florida, Illinois, Massachusetts or New York (“Class States”);
- Your purchase(s) occurred between November 9, 2008 and July 31, 2015;
- You used insurance for your purchase(s) and your insurance plan was administered by one of the following pharmacy benefit managers: Caremark/PCS, Express Scripts, Medco, MedImpact, or Optum/Prescription Solutions (prior to January 29, 2015); and
- You paid CVS an out-of-pocket payment of more than the price CVS charged for the same drug under the HSP program, which in general, for ninety-day prescriptions, was $9.99 between November 1, 2008 and December 31, 2010, or $11.99 between January 1, 2011 and July 31, 2015, for the purchase(s). Please note: depending on the specific drug and the quantity of the prescription (e.g., 90 tablets versus 120 tablets), the Health Savings Price could have been more than $9.99 or $11.99.
Important Dates
May 30, 2020 — Exclusion Deadline (postmark and received by date).
Plaintiffs are consumers who purchased certain generic prescription drugs from CVS pharmacies in Arizona, California, Florida, Illinois, Massachusetts, or New York (the “Class States”) between November 9, 2008 and July 31, 2015 (the “Class Period”). The Plaintiffs have sued CVS Pharmacy, Inc. (“CVS”), alleging violations of consumer protection laws of the Class States. The lawsuit claims that CVS overcharged certain insured customers by misrepresenting the usual and customary prices of approximately 400 generic prescription drugs, and collecting co-pays from those customers that were higher than CVS’s true usual and customary price, which the lawsuit alleges was the price CVS charged to customers under its Health Savings Pass (“HSP”) program. CVS denies any wrongdoing.
The Court has allowed the lawsuit to proceed as a class action, which means that the eight Plaintiffs approved by the Court will be representing the six state “Classes,” or groups of people, that could include you. The Classes are defined collectively as:
All CVS customers in the Class States who, during the Class Period, (1) purchased one or more generic prescription drugs that were offered through CVS’s HSP program at the time of the purchase; (2) were insured for the purchase(s) through a third-party payor plan administered by one of the following pharmacy benefit managers: Caremark/PCS, Express Scripts, Medco, MedImpact, or Optum/Prescription Solutions (prior to January 29, 2015); and (3) paid CVS an out-of-pocket payment for the purchase greater than the HSP price for the prescription.*
A list of the generic prescription drugs included in the class definition may be found HERE.
Your legal rights are affected whether you act or don’t act. You should read the entire Notice carefully.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: | ||
|---|---|---|
DO NOTHING |
Stay in the lawsuit. Await the outcome. Give up certain rights. By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement. But, you will give up any rights to sue, or continue to sue, CVS separately over the claims at issue in this lawsuit. |
|
EXCLUDE YOURSELF |
Get out of the lawsuit. Get no benefits from the lawsuit. Keep your right to sue CVS. If you believe that you are a Class member and wish to be excluded, you must act before March 2, 2020. If you ask to be excluded and money or benefits are later awarded on behalf of the Classes, you will not share in those. But, you keep any rights to sue CVS separately over the claims at issue in this lawsuit. Click here for more information on excluding yourself. |
Deadline: May 30, 2020 |
The Notice explains these rights and options—and the deadlines to exercise them.
The Court has not decided whether CVS did anything wrong. There are no benefits or money available now, and no guarantee that there will be. However, your legal rights are affected if you are a member of one or more of the Classes, and you have a choice to make now.
Lawyers must prove the claims against CVS at trial. If money or benefits are obtained from CVS on behalf of the Classes, either through a settlement or after a trial, you will be notified about how to request a share.