CVS Pharmacy Inc. escaped a customer’s claims that a text message advertising flu shots violated a federal robocall law.
The text is a health-care message exempt from the Telephone Consumer Protection Act’s written consent rule, the U.S. District Court for the District of New Jersey ruled Aug. 14. The customer consented to receive the message because she gave CVS her number, Judge Peter G. Sheridan said, dismissing the case.
The decision highlights the type of messages that aren’t subject to the higher consent standard of the federal law that largely bans autodialed calls and texts. The TCPA requires ...
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