A consumer has filed a class action lawsuit in the Eastern District of New York against CVS Health Corporation for an allegedly deceptive charity campaign it ran last year, which the plaintiff says was more like a refund to CVS than to a charitable donation.
According to the complaint, prior to the completion of a customer’s transaction, the payment screen would prompt the customer with several pre-selected amount boxes (and a withdrawal option) to donate to the American Diabetes Association (ADA) . Plaintiff alleges that CVS did not simply collect the client’s donations and forward them to the ADA, but rather counted the donations toward a legally binding $10 million obligation that CVS made to the ADA.
In short, the plaintiff accuses the defendant of reimbursing himself with charitable donations. Plaintiff asserts that Defendant’s treatment of charitable donations was materially different from the false, misleading and distorted assertion that CVS gave to customers.
Thursday’s complaint notes that the charity campaign for the ADA was conducted by CVS from November 2, 2021 to November 27, 2021.
The plaintiff made a donation to the ADA on November 15, 2021, through CVS’s campaign, according to the complaint. Accordingly, the plaintiff asserts that he and the putative group are entitled to damages.
The plaintiff seeks to represent a class consisting of the plaintiff “and all others who have made a campaign donation”, believed to number in the thousands.
CVS is accused of engaging in common law fraud as well as violating consumer protection laws in all 50 states and the District of Columbia.
Plaintiff seeks the following relief: award to Plaintiff and alleged Class Members of disbursements, costs, damages and relief.
Plaintiff is represented by Todd C. Bank, Attorney at Law PC