CVS Must Face Ill. Suit Over Repeated Robocalls

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By Lauraann Wood (December 1, 2021, 6:58 PM EST) — CVS Pharmacy Inc. can’t escape a proposed class action accusing the pharmacy retailer of placing unlawful prerecorded robocalls with consumers, an Illinois federal judge said, rejecting the company’s argument that the court lacked subject matter jurisdiction over the dispute.

CVS must face consumer Robert Dorfman’s lawsuit under the Telephone Consumer Protection Act because even though the U.S. Supreme Court found a TCPA amendment to be unconstitutional and severed it from the law in 2020, the provision under which CVS is allegedly liable has remained enforceable, U.S. District Judge Ulysses Valderrama said Tuesday.

Congress amended the TCPA to allow robocalls for federally…

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