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CVS Prescription Record Litigation -- Ortiz v. CVS Pharmacy, Inc. et al.

Court: United States District Court for the Central District of California
Case No.
09-CV-01050

Wexler Wallace filed this class action on behalf of California consumers who were charged excessive fees by CVS Pharmacy for copies and/or searches of their prescription drug records.  Despite California and federal laws that require CVS make prescription records available to patients and charge them reasonable, cost-based fees for inspecting, copying and retrieving such records, CVS has implemented a common practice of charging its customers excessive fees ranging from $35 to $50, charging such fees when no prescription records are ultimately provided.

California law defines reasonable copying costs as $0.10 per page and clerical costs to $4 for every quarter of an hour spent locating and making records available to the customer. In addition, fees may not exceed $15 if the prescription record is delivered to the customer’s attorney or the attorney’s representative.

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