***IMPORTANT CASE UPDATE***
On December 16, 2022 settlement checks for the second distribution were mailed to all Class Members who received and cashed their initial check. Please contact the Settlement Administrator with any questions regarding your payment.
The information contained on this website is only a summary of information presented in more detail in the Notice, which you can access by clicking here. Since this website presents only summary information, you should review the Notice for additional details.
A settlement will provide $15,000,000 to pay Cash Awards to persons called in 2013 with a prerecorded message referencing MinuteClinic flu shots and a CVS Pharmacy retail coupon, and who were: (1) called on their cell phone, or (2) residing in Illinois at the time of the call.
The prerecorded message that is the subject of this Settlement said:
Hello, this is MinuteClinic calling to let you know flu shots are now available. MinuteClinic is the medical clinic inside your local CVS/pharmacy. We are open 7 days a week, including evening and weekends. No appointment is necessary. We also accept most insurance plans, including Medicare Part B. Plus, you will receive a CVS/pharmacy 20% shopping pass with your flu shot. So why wait. Come in to MinuteClinic today! Please check our website at MinuteClinic.com for our clinic hours near you. Thank you for choosing MinuteClinic.
The Settlement resolves a lawsuit claiming that CVS Pharmacy, Inc. (“CVS Pharmacy”), MinuteClinic, LLC (“MinuteClinic”) (collectively, “CVS”), and CVS’s vendor West Corporation (“West”) (collectively, “Defendants”) violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, by making nonconsensual calls to cell phone numbers using an automatic telephone dialing system or an artificial or prerecorded voice, and further violated the Illinois Automatic Telephone Dialers Act (“IATDA”), 815 ILCS 305/1 et seq., by impeding caller identification in calls to cell phone or landline numbers.
Your legal rights are affected whether you act or don’t act. Read the notice carefully.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
| OBTAIN PAYMENT | Class Members who received a notice of the Settlement in the mail do not need to do anything further to obtain payment. If you believe you are a Class Member but have not received a notice in the mail, submit a claim for payment by December 2, 2019. Otherwise, you will give up rights without an opportunity for a payment. |
| EXCLUDE YOURSELF | The deadline to exclude yourself from the Settlement has passed. |
| OBJECT | The deadline to object to the Settlement has passed. |
| GO TO A HEARING | The court held a Final Approval Hearing on January 30, 2020 and granted final approval of the Settlement. |
These rights and options – and the deadlines to exercise them – are explained in the Notice.
What is this lawsuit about?
Plaintiff Kearby Kaiser, on behalf of himself and a class of purportedly similarly situated people, alleges that Defendants violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, by causing autodialed, prerecorded calls to be made to consumers’ cell phones, and that Defendants’ calls further violated the Illinois Automatic Telephone Dialing Act (“IATDA”), 815 ILCS 305/1 et seq., by impeding caller identification to landline and cellular telephone numbers. The calls at issue were made in relation to MinuteClinic’s 2013 flu shot reminder campaign.
Defendants expressly deny that they did anything wrong or that this case is appropriate for treatment as a class action outside of the settlement context. Defendants generally deny the allegations in the lawsuit.
The Court’s Fairness Hearing
On January 30, 2020 the Court held a Final Approval Hearing and granted final approval of the Settlement and Class Counsel's application for attorneys' fees and litigation expenses. The Final Approval Order and Judment may be found in the Court documents section of this website.
Further Information
For more details regarding this settlement, please see the Notice and other documents filed in the case by clicking on the Court Documents link on the left. You may also contact the Settlement Administrator for further information regarding this settlement:
Settlement Administrator:
Flu Shot TCPA Settlement
Settlement Administrator
c/o A.B. Data, Ltd.
P.O. Box 173082
Milwaukee, WI 53217
Toll-free Help Line: 866-828-2348