CVS texted consumers after they opted out, a new class action lawsuit claims.

Maureen O'Brien filed a class action lawsuit against CVS Pharmacy Inc. on Sept. 23, 2026, in the U.S. District Court for the Eastern District of California.

The lawsuit alleges CVS texted ExtraCare promotions to O'Brien's cellphone number despite its listing on the National Do Not Call Registry listing and continued to text after the company's own system confirmed her request to stop.

O'Brien's alleged experience

O'Brien never enrolled in ExtraCare, opened a CVS account or agreed to receive CVS marketing texts, and she has not filled a prescription at CVS or visited one of its stores in years, the complaint claims. She added her personal cellphone number to the National Do Not Call Registry in 2009, according to the lawsuit.

On May 12, 2026, CVS allegedly texted her from short code 28732 with a link urging her to finish signing up for ExtraCare. An identical message reportedly followed on May 17. The proposed class acton claims O'Brien replied "STOP" that day, and CVS immediately texted back with"CVS ExtraCare: You will no longer receive ExtraCare texts."

In the weeks that followed, O'Brien says did not visit a CVS, enter her number at a register or take any other step to restart the messages. On July 26, about 70 days after her opt-out, CVS sent another ExtraCare solicitation from the same short code, the lawsuit claims.

CVS acted knowingly or willfully because it sent the July text after its own platform confirmed O'Brien's opt-out, the proposed class action alleges.

The lawsuit ties the July text to a broader failure in how CVS and its messaging vendors record, sync and enforce opt-out requests across centralized systems.

The legal claims against CVS

The lawsuit brings its claims under the Telephone Consumer Protection Act, a federal law that limits telemarketing calls and texts, and the Federal Communications Commission rules that enforce it:


  • Internal do-not-call rule, which requires companies to keep a list of people who ask not to receive marketing and honor those requests within 10 business days

  • National Do Not Call Registry rule, which bars telemarketing solicitations to numbers on the national registry

O'Brien seeks $500 per violation or up to $1,500 for each knowing or willful violation. She also asks for a court order requiring CVS to honor opt-outs, screen registered numbers and fix its policies, training and vendor controls plus attorneys' fees and costs.

Who the CVS text message lawsuit could cover

O'Brien wants to represent two nationwide groups of consumers CVS allegedly texted repeatedly over roughly the past four years: those who kept receiving promotions after replying "STOP" and those whose numbers were on the National Do Not Call Registry when the texts arrived.

There is no settlement, no claims process and no money available at this time.