CVS Pharmacies

Oritz v. CVS Pharmacy, Inc., et al.

Case No. 8:09-cv-1050-JVS-MLG (C.D. Cal.)

Wexler Wallace LLP, with co-counsel, recently filed a class action lawsuit in the Central District of California on behalf of California consumers who were charged excessive fees by CVS Pharmacy for copies and/or searches of their prescription drug records. California and federal law require that healthcare providers, such as CVS Pharmacy, make prescription records available to patients and charge patients reasonable, cost-based fees for inspecting, copying and retrieving such records.

For instance, California law limits reasonable copying costs to $.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.

Despite these legal requirements, CVS has implemented a common practice of charging its customers arbitrary and unreasonable fees ranging from $35 to $50 to customers who seek copies of their prescription records or prescription information from CVS. Such fees were charged even when no prescription records were provided.

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