`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
`
`KEVIN McCABE,
`
`1:22-cv-3116
`
`Plaintiff,
`
`COMPLAINT
`
`-against-
`
`CVS HEALTH CORPORATION,
`
`Defendant.
`
`PARTIES
`
`1.
`
`Plaintiff, Kevin McCabe (“McCabe”), resides in the Eastern District of New York and
`
`is a citizen of the State of New York.
`
`2.
`
`Defendant, CVS Health Corporation (“CVS”), is a corporation organized and existing
`
`under the laws of Delaware, and maintains its principal place of business at One CVS Drive,
`
`Woonsocket, Rhode Island 02895.
`
`JURISDICTION AND VENUE
`
`This Court has jurisdiction under 28 U.S.C. Section 1332(d)(2)(A).
`
`The matter in controversy would exceed an aggregated sum or value of $5,000,000,
`
`3.
`
`4.
`
`exclusive of interest and costs, if the putative class (described below) were certified.
`
`Venue is proper in this District pursuant to 28 U.S.C. Section 1391(b)(2).
`
`At least two thirds of the members of the putative class are not citizens of the State
`
`5.
`
`6.
`
`of New York.
`
`[continued on next page]
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`1
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`FACTS
`
`7.
`
`From November 2, 2021, through November 27, 2021, CVS conducted a campaign
`
`(the “Campaign”) in which, prior to the completion of transactions at its nearly ten thousand stores
`
`in the 50 States and the District of Columbia, customers were asked on the checkout screen if they
`
`wished, as part of the checkout process, to make a donation, above and beyond the price of their
`
`purchase, to the American Diabetes Association (“ADA”).
`
`8.
`
`The only term of the Campaign that CVS provided to customers was a representation
`
`on the checkout screen that the customer could make a donation to the ADA (a “Campaign
`
`Donation”) by tapping one of several boxes on the checkout screen, each of which contained a pre-
`
`selected amount, or that the customer could tap a box stating “no” with respect to making a
`
`Campaign Donation (the “Checkout Message”).
`
`9.
`
`The Checkout Message represented that CVS was merely collecting Campaign
`
`Donations and forwarding them to the ADA.
`
`10.
`
`The Checkout Message was a material element of the Campaign.
`
`11.
`
`CVS intended that customers would rely upon the Checkout Message in deciding
`
`whether to make a Campaign Donation.
`
`12.
`
`Customers had no reason to believe that the Checkout Message was anything but true
`
`and accurate.
`
`13.
`
`CVS did not merely collect customers’ Campaign Donations and forward them to the
`
`ADA, but, instead, counted Campaign Donations toward the satisfaction of a legally binding
`
`obligation, which CVS had made to the ADA, to donate $10 million to the ADA during the three-
`
`year period of 2021 through 2023 (the “CVS Obligation”).
`
`14.
`
`CVS necessarily used Campaign Donations to reimburse itself, or pay down its debt,
`
`with respect to the CVS Obligation.
`
`2
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`15.
`
`CVS’s treatment of, and benefit from, Campaign Donations were materially different
`
`than the false, deceptive, and misleading representation that CVS had given to its customers, which
`
`was that CVS was merely collecting Campaign Donations and forwarding them to the ADA.
`
`16.
`
`On or about November 15, 2021, McCabe made a Campaign Donation at the CVS
`
`store located at 1933 Victory Boulevard, Staten Island, New York 10314.
`
`INTENTION TO REPRESENT A CLASS
`
`17. McCabe intends to seek the certification of a class (the “Putative Class”) pursuant to
`
`Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure.
`
`18.
`
`The Putative Class comprises McCabe and all other persons who made a Campaign
`
`Donation.
`
`19.
`
`There are thousands of other members of the Putative Class whose claims would be
`
`similar to McCabe’s claims; and, furthermore, McCabe’s claims are typical of those claims.
`
`20.
`
`The members of the Putative Class are so numerous that joinder of all of them is
`
`impracticable.
`
`21. McCabe would fairly and adequately protect the interests of the other members of the
`
`Putative Class. McCabe’s interests would be, for purposes of this litigation, coincident with the
`
`interests of the other members of the Putative Class, and McCabe would have no interests that would
`
`be antagonistic to, or in conflict with, the other members of the Putative Class.
`
`22.
`
`A class action would be superior to all other available methods for the fair and efficient
`
`adjudication of this controversy. Because the Putative Class is so numerous that joinder of all of its
`
`members would be impracticable, and because the damages sustained by most of the individual
`
`members would be too small to render prosecution of the claims asserted herein economically feasible
`
`on an individual basis, the expense and burden of individual litigation would make it impractical for
`
`all of the members to adequately address the wrongs complained of herein. McCabe knows of no
`
`3
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`impediments to the effective management of this action as a class action.
`
`23.
`
`Common questions of law and fact predominate over questions that affect only
`
`individual Class Members. Among these questions are:
`
`(i) whether CVS conducted the Campaign;
`
`(ii) whether, when a customer checked out of a CVS store during Campaign, he was asked
`
`on the checkout screen if he wished, as part of the checkout process, to make a Campaign
`
`Donation;
`
`(iii) whether the only term of the Campaign that was provided was the Checkout Message;
`
`(iv) whether the Checkout Message represented that CVS was merely collecting Campaign
`
`Donation and forwarding them to the ADA;
`
`(v) whether the Checkout Message was material to the Campaign;
`
`(vi) whether CVS intended that customers would rely upon the Checkout Message in deciding
`
`whether to make a Campaign Donation;
`
`(vii) whether customers had any reason to believe that the Checkout Message was anything
`
`other than true and accurate;
`
`(viii) whether, prior to the Campaign, CVS had made a legally binding commitment to donate
`
`$10 million to the ADA during the three-year period of 2021 through 2023;
`
`(ix) whether CVS counted Campaign Donations toward CVS’s satisfaction of the CVS
`
`Obligation;
`
`(x) whether CVS used Campaign Donations to reimburse itself, or pay down its debt, with
`
`respect to the CVS Obligation;
`
`(xi) whether CVS’s treatment of, and benefit from, Campaign Donations was materially
`
`different than that which CVS had represented to its customers, which was that CVS was
`
`merely collecting Campaign Donations and forwarding them to the ADA;
`
`4
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`(xii) whether CVS engaged in common-law fraud; and
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`(xiii) whether CVS violated the consumer-protection statutes that compose the Second Claim
`
`for Relief.
`
`CLAIMS FOR RELIEF
`
`24. McCabe incorporates, into each Claim for Relief, each and every allegation contained
`
`in paragraphs “1” through “16.”
`
`FIRST CLAIM
`
`[Common-Law Fraud]
`
`25.
`
` CVS engaged in fraud under the common law of the 50 States and the District of
`
`Columbia.
`
`26.
`
`As a result of CVS’s fraud, McCabe and the other members of the Putative Class are
`
`entitled to actual damages.
`
`SECOND CLAIM
`
`[Violations of Consumer-Protection Laws]
`
`ALABAMA
`
`ALABAMA DECEPTIVE TRADE PRACTICES ACT
`
`(Ala. Code §§ 8-19-1 - 8-19-15)
`
`27.
`
`CVS violated the Alabama Deceptive Trade Practices Act, Ala. Code §§ 8-19-1 - 8-
`
`19-15, with respect to persons who made Campaign Donations in Alabama (the “Putative Alabama
`
`Class Members”); specifically, CVS violated Ala. Code § 8-19-5(27).
`
`28.
`
`The Putative Alabama Class Members are entitled to statutory damages of $100
`
`pursuant to Ala. Code § 8-19-10(a)(1).
`
`29.
`
`The Putative Alabama Class Members are entitled to reasonable legal fees pursuant
`
`to Ala. Code § 8-19-10(a)(3).
`
`5
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`ALASKA
`
`ALASKA UNFAIR TRADE PRACTICES
`AND CONSUMER PROTECTION ACT
`
`(Alaska Stat. §§ 45.50.471 - 45.50.561)
`
`30.
`
`CVS violated the Alaska Unfair Trade Practices and Consumer Protection Act, Alaska
`
`Stat. §§ 45.50.471 - 45.50.561, with respect to persons who made Campaign Donations in Alaska
`
`(the “Putative Alaska Class Members”); specifically, CVS violated Alaska Stat. § 45.50.471(b)(11).
`
`31.
`
`The Putative Alaska Class Members are entitled to statutory damages of $500
`
`pursuant to Alaska Stat. § 45.50.531(a).
`
`32.
`
`The Putative Alaska Class Members are entitled to an order enjoining CVS’s unlawful
`
`practices pursuant to Alaska Stat. § 45.50.535(a).
`
`33.
`
`The Putative Alaska Class Members are entitled to reasonable legal fees pursuant to
`
`Alaska Stat. § 45.50.537(a).
`
`ARKANSAS
`
`ARKANSAS DECEPTIVE TRADE PRACTICES ACT
`
`(Ark. Code Ann. §§ 4-88-101 - 4-88-117)
`
`36.
`
`CVS violated the Arkansas Deceptive Trade Practices Act, Ark. Code Ann. §§
`
`4-88-101 - 4-88-117, with respect to persons who made Campaign Donations in Arkansas (the
`
`“Putative Arkansas Class Members”); specifically, CVS violated Ark. Code Ann. §§ 4-88-107(a)(10).
`
`37.
`
`The Putative Arkansas Class Members are entitled to actual damages pursuant to Ark.
`
`Code Ann. § 4-88-113(f)(1)(a).
`
`38.
`
`The Putative Arkansas Class Members are entitled to reasonable legal fees pursuant
`
`to Ark. Code Ann. § 4-88-113(f)(3).
`
`6
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`CALIFORNIA
`
`THE CALIFORNIA UNFAIR COMPETITION ACT
`
`(Calif. Bus & Prof. Code §§ 17200 - 17210)
`
`39.
`
`CVS violated the California Unfair Competition Act, Calif. Bus & Prof. Code §§
`
`17200 - 17210, with respect to persons who made Campaign Donations in California (the “Putative
`
`California Class Members”); specifically, CVS violated Calif. Bus & Prof. Code § 17200.
`
`40.
`
`The Putative California Class Members are entitled to actual damages against CVS
`
`pursuant to Calif. Bus & Prof. Code § 17203.
`
`41.
`
`The Putative California Class Members are entitled to an order enjoining CVS’s
`
`unlawful practices pursuant to Calif. Bus & Prof. Code § 17203.
`
`42.
`
`The Putative California Class Members are entitled to reasonable legal fees pursuant
`
`to Calif. Code Civ. Proc. § 1021.5.
`
`CONNECTICUT
`
`THE CONNECTICUT UNFAIR TRADE PRACTICES ACT
`
`(Conn. Gen. Stat. §§ 42-110a - 42-110q)
`
`43.
`
`CVS violated the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. §§
`
`42-110a - 42-110q, with respect to persons who made Campaign Donations in Connecticut (the
`
`“Putative Connecticut Class Members”); specifically, CVS violated Conn. Gen. Stat. §§ 42-110b(a).
`
`44.
`
`The Putative Connecticut Class Members are entitled to their actual damages pursuant
`
`to Conn. Gen. Stat. § 42-110g(a).
`
`45.
`
`The Putative Connecticut Class Members are entitled to an order enjoining CVS’s
`
`unlawful practices pursuant to Conn. Gen. Stat. § 42-110g(d).
`
`46.
`
`The Putative Connecticut Class Members are entitled to reasonable legal fees pursuant
`
`to Conn. Gen. Stat. § 42-110g(d).
`
`7
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`DELAWARE
`
`THE DELAWARE CONSUMER FRAUD ACT
`
`(6 Del. Code §§ 2511 - 2528)
`
`47.
`
`CVS violated the Delaware Consumer Fraud Act, 6 Del. Code §§ 2511 - 2528, with
`
`respect to persons who made Campaign Donations in Delaware (the “Putative Delaware Class
`
`Members”); specifically, CVS violated 6 Del. Code § 2513(a).
`
`48.
`
`The Putative Delaware Class Members are entitled to actual damages pursuant to Del.
`
`Code § 2525(a).
`
`DISTRICT OF COLUMBIA
`
`THE DISTRICT OF COLUMBIA CONSUMER
`PROTECTION PROCEDURES ACT
`
`(D.C. Code §§ 28-3901 - 3913)
`
`49.
`
`CVS violated the District of Columbia Consumer Protection Procedures Act, D.C.
`
`Code §§ 28-3901 - 3913, with respect to persons who made Campaign Donations in District of
`
`Columbia (the “Putative District of Columbia Class Members”); specifically, CVS violated D.C. Code
`
`§§ 28-3904(e) and (f).
`
`50.
`
`The Putative District of Columbia Class Members are entitled to statutory damages
`
`of $1,500 pursuant to D.C. Code § 28-3901(k)(2)(A)(i).
`
`51.
`
`The Putative District of Columbia Class Members are entitled to an order enjoining
`
`CVS’s unlawful practices pursuant to D.C. Code § 28-3901(k)(2)(D).
`
`52.
`
`The Putative District of Columbia Class Members are entitled to reasonable legal fees
`
`pursuant to D.C. Code § 28-3901(k)(2)(B).
`
`8
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`FLORIDA
`
`FLORIDA UNFAIR AND DECEPTIVE TRADE PRACTICES ACT
`
`(Fla. Stat. §§ 501.201 - 501.213)
`
`53.
`
`CVS violated the Florida Unfair and Deceptive Trade Practices Act, Fla. Stat. §§
`
`501.201 - 501.213, with respect to persons who made Campaign Donations in Florida (the “Putative
`
`Florida Class Members”); specifically, CVS violated Fla. Stat. § 501.204(1).
`
`54.
`
`The Putative Florida Class Members are entitled to actual damages pursuant to Fla.
`
`Stat. § 501.211(2).
`
`55.
`
`The Putative Florida Class Members are entitled to an order enjoining CVS’s unlawful
`
`practices pursuant to Fla. Stat. § 501.211(1).
`
`56.
`
`The Putative Florida Class Members are entitled to reasonable legal fees pursuant to
`
`Fla. Stat. § 501.2105(1).
`
`GEORGIA
`
`GEORGIA FAIR BUSINESS PRACTICES ACT
`
`(Ga. Code Ann. §§ 10-1-390 - 10-1-408)
`
`57.
`
`CVS violated the Georgia Fair Business Practices Act, Ga. Code Ann. §§ 10-1-390 -
`
`10-1-408, with respect to persons who made Campaign Donations in Georgia (the “Putative Georgia
`
`Class Members”); specifically, CVS violated Ga. Code Ann. §§ 10-1-393(a).
`
`58.
`
`The Putative Georgia Class Members are entitled to actual damages pursuant to Ga.
`
`Code. Ann. § 10-1-399(a).
`
`59.
`
`The Putative Georgia Class Members are entitled to an order enjoining CVS’s
`
`unlawful practices pursuant to Ga. Code. Ann. § 10-1-399(a).
`
`60.
`
`The Putative Georgia Class Members are entitled to reasonable legal fees pursuant to
`
`Ga. Code. Ann. § 10-1-399(d).
`
`9
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`HAWAII
`
`PROHIBITION AGAINST UNFAIR AND
`DECEPTIVE ACTS OR PRACTICES
`
`(Haw. Rev. Stat. §§ 480-1 - 480-24)
`
`61.
`
`CVS violated Hawaii’s prohibition against unfair and deceptive acts or practices, Haw.
`
`Rev. Stat. §§ 480-1 - 480-24, with respect to persons who made Campaign Donations in District of
`
`Columbia (the “Putative District of Columbia Class Members”); specifically, CVS violated Haw. Rev.
`
`Stat. § 480-2(a).
`
`62.
`
`The Putative Hawaii Class Members are entitled to statutory damages of $1,000
`
`pursuant to Haw. Rev. Stat. § 480-13(b)(1).
`
`63.
`
`The Putative Hawaii Class Members are entitled to an order enjoining CVS’s unlawful
`
`practices pursuant to Haw. Rev. Stat. § 480-13(b)(2).
`
`64.
`
`The Putative Hawaii Class Members are entitled to reasonable legal fees pursuant to
`
`Haw. Rev. Stat. § 480-13(b)(1).
`
`ILLINOIS
`
`ILLINOIS CONSUMER FRAUD AND
`DECEPTIVE BUSINESS PRACTICES ACT
`
`(815 ILCS §§ 505/1 - 505/12)
`
`65.
`
`CVS violated the Illinois Consumer Fraud and Deceptive Business Practices Act, 815
`
`ILCS §§ 505/1 - 505/1, with respect to persons who made Campaign Donations in Illinois (the
`
`“Putative Illinois Class Members”); specifically, CVS violated 815 ILCS 505/2.
`
`66.
`
`The Putative Illinois Class Members are entitled to actual damages pursuant to 815
`
`ILCS 505/10a(a).
`
`67.
`
`The Putative Illinois Class Members are entitled to an order enjoining CVS’s unlawful
`
`practices pursuant to 815 ILCS 505/10a(c).
`
`10
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`68.
`
`The Putative Illinois Class Members are entitled to reasonable legal fees pursuant to
`
`815 ILCS 505/10a(c).
`
`INDIANA
`
`INDIANA DECEPTIVE CONSUMER SALES ACT
`
`(Ind. Code Ann. §§ 24–5–0.5–0.1 - 24–5–0.5–12)
`
`69.
`
`CVS violated the Indiana Deceptive Consumer Sales Act, Ind. Code Ann. §§
`
`24–5–0.5–0.1 - 24–5–0.5–12, with respect to persons who made Campaign Donations in Indiana (the
`
`“Putative Indiana Class Members”); specifically, CVS violated Ind. Code Ann. § 24-5-0.5-3(a).
`
`70.
`
`The Putative Indiana Class Members are entitled to statutory damages of $500
`
`pursuant to Ind. Code § 24-5-0.5-4(a).
`
`71.
`
`The Putative Indiana Class Members are entitled to reasonable legal fees pursuant to
`
`Ind. Code Ann. § 24-5-0.5-4(a).
`
`IOWA
`
`IOWA CONSUMER FRAUD ACT
`
`(Iowa Code Ann. §§ 714h.1 - 714h.8)
`
`72.
`
`CVS violated the Iowa Consumer Protection Act, Iowa Code Ann. §§ 714h.1 -
`
`714h.8, with respect to persons who made Campaign Donations in Iowa (the “Putative Iowa Class
`
`Members”); specifically, CVS violated Iowa Code Ann. § 714h.3(1).
`
`73.
`
`The Putative Iowa Class Members are entitled to actual damages pursuant to Iowa
`
`Code Ann. § 714h.5(1)
`
`74.
`
`The Putative Iowa Class Members are entitled to an order enjoining CVS’s unlawful
`
`practices pursuant to Iowa Code Ann. § 714h.5(1)
`
`75.
`
`The Putative Iowa Class Members are entitled to reasonable legal fees pursuant to to
`
`Iowa Code Ann. § 714h.5(2).
`
`11
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`KANSAS
`
`KANSAS CONSUMER PROTECTION ACT
`
`(Kan. Stat. Ann. §§ 50-623 - 50-643)
`
`76.
`
`CVS violated the Kansas Consumer Protection Act, Kan. Stat. Ann. §§ 50-623 -
`
`50-643, with respect to persons who made Campaign Donations in Kansas (the “Putative Kansas
`
`Class Members”); specifically, CVS violated Kan. Stat. Ann. §§ 50-636(b)(2) and (3).
`
`77.
`
`The Putative Kansas Class Members are entitled to statutory damages of $10,000
`
`pursuant to Kan. Stat. Ann. § 50-634(b).
`
`78.
`
`The Putative Kansas Class Members are entitled to an order enjoining CVS’s unlawful
`
`practices pursuant to Kan. Stat. Ann. § 50-634(a)(2).
`
`79.
`
`The Putative Kansas Class Members are entitled to reasonable legal fees pursuant to
`
`Kan. Stat. Ann. § 50-634(e)(1).
`
`LOUISIANA
`
`LOUISIANA UNFAIR TRADE PRACTICES
`AND CONSUMER PROTECTION LAW
`
`(La. Rev. Stat. §§ 51:1401 - 51:1430)
`
`80.
`
`CVS violated the Louisiana Unfair Trade Practices and Consumer Protection Law,
`
`La. Rev. Stat. §§ 51:1401 - 51:1430, with respect to persons who made Campaign Donations in
`
`Louisiana (the “Putative Louisiana Class Members”); specifically, CVS violated La. Rev. Stat. §
`
`51:1405(A).
`
`81.
`
`The Putative Louisiana Class Members are entitled to actual damages pursuant to La.
`
`Rev. Stat. § 51:1409(A).
`
`82.
`
`The Putative Louisiana Class Members are entitled to reasonable legal fees pursuant
`
`to La. Rev. Stat. § 51:1409(A).
`
`12
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`MARYLAND
`
`MARYLAND CONSUMER PROTECTION ACT
`
`(Md. Code Com. Law §§ 13-101 - 13-501)
`
`83.
`
`CVS violated the Maryland Consumer Protection Act, Md. Code Com. Law §§
`
`13-101 - 13-501, with respect to persons who made Campaign Donations in Maryland (the “Putative
`
`Maryland Class Members”); specifically, CVS violated Md. Code Com. Law § 13-101(1), (3).
`
`84.
`
`The Putative Maryland Class Members are entitled to actual damages pursuant to Md.
`
`Code Com. Law §§ 13-408(a).
`
`85.
`
`The Putative Maryland Class Members are entitled to reasonable legal fees pursuant
`
`to Md. Code Com. Law §§ 13-408(b).
`
`MASSACHUSETTS
`
`MASSACHUSETTS CONSUMER PROTECTION ACT
`
`(Mass. Gen. Laws Ch. 93a, §§ 1-11)
`
`86.
`
`CVS violated the Massachusetts Consumer Protection Act, Mass. Gen. Laws Ch. 93a,
`
`§§ 1-11, with respect to persons who made Campaign Donations in Massachusetts (the “Putative
`
`Massachusetts Class Members”); specifically, CVS violated Mass. Gen. Laws Ch. 93a, § 2(a).
`
`87.
`
`The Putative Massachusetts Class Members are entitled to statutory damages of $25
`
`pursuant to Mass. Gen. Laws Ch. 93a, § 9(3).
`
`88.
`
`The Putative Massachusetts Class Members are entitled to an order enjoining CVS’s
`
`unlawful practices pursuant to Mass. Gen. Laws Ch. 93a, § 9(3).
`
`89.
`
`The Putative Massachusetts Class Members are entitled to reasonable legal fees
`
`pursuant to Mass. Gen. Laws Ch. 93a, § 9(4).
`
`13
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`MICHIGAN
`
`MICHIGAN CONSUMER PROTECTION ACT
`
`(Mich. Comp. Laws §§ 445.901 - 445.922)
`
`90.
`
`CVS violated the Michigan Consumer Protection Act, Mich. Comp. Laws §§ 445.901
`
`- 445.922, with respect to persons who made Campaign Donations in Michigan (the “Putative
`
`Michigan Class Members”); specifically, CVS violated Mich. Comp. Laws § 445.903(1)(s).
`
`91.
`
`The Putative Michigan Class Members are entitled to statutory damages of $5,000
`
`pursuant to Mich. Comp. Laws § 445.911(3).
`
`92.
`
`The Putative Michigan Class Members are entitled to an order enjoining CVS’s
`
`unlawful practices pursuant to Mich. Comp. Laws § 445.911(1)(b).
`
`93.
`
`The Putative Michigan Class Members are entitled to reasonable legal fees pursuant
`
`to Mich. Comp. Laws § 445.911(3).
`
`MINNESOTA
`
`MINNESOTA PREVENTION OF CONSUMER FRAUD ACT
`
`(Minn. Stat. §§ 325f.68 - 325f.694)
`
`94.
`
`CVS violated the Minnesota Prevention of Consumer Fraud Act, Minn. Stat. §§
`
`325f.68 - 325f.694, with respect to persons who made Campaign Donations in Michigan (the
`
`“Putative Minnesota Class Members”); specifically, CVS violated Minn. Stat. §§ 325f.69(1).
`
`95.
`
`The Putative Minnesota Class Members are entitled to actual damages pursuant to
`
`Minn. Stat. § 8.31(3)(a).
`
`96.
`
`The Putative Minnesota Class Members are entitled to an order enjoining CVS’s
`
`unlawful practices pursuant to Minn. Stat. § 8.31(3)(a).
`
`97.
`
`The Putative Minnesota Class Members are entitled to reasonable legal fees pursuant
`
`to Minn. Stat. § 8.31(3)(a).
`
`14
`
`
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`MONTANA
`
`MONTANA UNFAIR TRADE PRACTICES
`AND CONSUMER PROTECTION ACT
`
`(Mont. Code Ann. §§ 30-14-101 - 30-14-157)
`
`98.
`
`CVS violated the Montana Unfair Trade Practices and Consumer Protection Act,
`
`Mont. Code Ann. §§ 30-14-101 - 30-14-157, with respect to persons who made Campaign Donations
`
`in Montana (the “Putative Montana Class Members”); specifically, CVS violated Mont. Code Ann.
`
`§ 30-14-103.
`
`99.
`
`The Putative Montana Class Members are entitled to statutory damages of $500
`
`pursuant to Mont. Code Ann. § 30-14-133(1)(a).
`
`100.
`
`The Putative Montana Class Members are entitled to an order enjoining CVS’s
`
`unlawful practices pursuant to Mont. Code Ann. § 30-14-133(1)(a).
`
`101.
`
`The Putative Montana Class Members are entitled to reasonable legal fees pursuant
`
`to Mont. Code Ann. § 30-14-133(3).
`
`NEBRASKA
`
`NEBRASKA CONSUMER PROTECTION ACT
`
`(Neb. Rev. Stat. §§ 59-1601 - 59-1623)
`
`102. CVS violated the Nebraska Consumer Protection Act, Neb. Rev. Stat. §§ 59-1601 -
`
`59-1623, with respect to persons who made Campaign Donations in Nebraska (the “Putative
`
`Nebraska Class Members”); specifically, CVS violated Neb. Rev. Stat. § 59-1602.
`
`103.
`
`The Putative Nebraska Class Members are entitled to actual damages pursuant to Neb.
`
`Rev. Stat. § 59-1609.
`
`104.
`
`The Putative Nebraska Class Members are entitled to an order enjoining CVS’s
`
`unlawful practices pursuant to Neb. Rev. Stat. § 59-1609.
`
`15
`
`
`
`Case 1:22-cv-03116-RPK-RML Document 1 Filed 05/26/22 Page 16 of 26 PageID #: 16
`
`105.
`
`The Putative Nebraska Class Members are entitled to reasonable legal fees pursuant
`
`to Neb. Rev. Stat. § 59-1609.
`
`NEVADA
`
`NEVADA DECEPTIVE TRADE PRACTICES ACT
`
`(Nev. Rev. Stat. §§ 598.0903 - 598.0999)
`
`106. CVS violated the Nevada Deceptive Trade Practices Act, Nev. Rev. Stat. §§ 598.0903
`
`- 598.0999, with respect to persons who made Campaign Donations in Nevada (the “Putative Nevada
`
`Class Members”); specifically, CVS violated Nev. Rev. Stat. § 598.0915(15).
`
`107.
`
`The Putative Nevada Class Members are entitled to actual damages pursuant to Nev.
`
`Rev. Stat. § 41.600(3)(a).
`
`108.
`
`The Putative Nevada Class Members are entitled to an order enjoining CVS’s unlawful
`
`practices pursuant to Nev. Rev. Stat. § 41.600(3)(b).
`
`109.
`
`The Putative Nevada Class Members are entitled to reasonable legal fees pursuant to
`
`Nev. Rev. Stat. § 41.600(3)(c).
`
`NEW HAMPSHIRE
`
`NEW HAMPSHIRE CONSUMER PROTECTION ACT
`
`(N.H. Rev. Stat. Ann. §§ 358-A:1 - 358-A:13)
`
`110. CVS violated the New Hampshire Consumer Protection Act, N.H. Rev. Stat. Ann.
`
`§§ 358-A:1 - 358-A:13, with respect to persons who made Campaign Donations in New Hampshire
`
`(the “Putative New Hampshire Class Members”); specifically, CVS violated N.H. Rev. Stat. Ann. §
`
`358-A:2.
`
`111.
`
`The Putative New Hampshire Class Members are entitled to statutory damages of
`
`$1,000 pursuant to N.H. Rev. Stat. Ann. § 358-A:10(I).
`
`112.
`
`The Putative New Hampshire Class Members are entitled to an order enjoining CVS’s
`
`16
`
`
`
`Case 1:22-cv-03116-RPK-RML Document 1 Filed 05/26/22 Page 17 of 26 PageID #: 17
`
`unlawful practices pursuant to N.H. Rev. Stat. Ann. § 358-A:10(I).
`
`113.
`
`The Putative New Hampshire Class Members are entitled to reasonable legal fees
`
`pursuant to N.H. Rev. Stat. Ann. § 358-A:10(I).
`
`NEW JERSEY
`
`NEW JERSEY CONSUMER FRAUD ACT
`
`(N.J. Stat. Ann. §§ 56:8-1 - 56:8-227)
`
`114. CVS violated the New Jersey Consumer Fraud Act, N.J. Stat. Ann. §§ 56:8-1 -
`
`56:8-227, with respect to persons who made Campaign Donations in New Jersey (the “Putative New
`
`Jersey Class Members”); specifically, CVS violated N.J. Stat. Ann. § 56:8-2.
`
`115.
`
`The Putative New Jersey Class Members are entitled to threefold actual damages
`
`pursuant to N.J. Stat. Ann. § 56:8-19.
`
`116.
`
`The Putative New Jersey Class Members are entitled to an order enjoining CVS’s
`
`unlawful practices pursuant to N.J. Stat. Ann. § 56:8-19.
`
`117.
`
`The Putative New Jersey Class Members are entitled to reasonable legal fees pursuant
`
`to N.J. Stat. Ann. § 56:8-19.
`
`NEW MEXICO
`
`NEW MEXICO UNFAIR PRACTICES ACT
`
`(N.M. Stat. Ann. §§ 57-12-1- 57-12-26)
`
`118. CVS violated the New Mexico Unfair Practices Act, N.M. Stat. Ann. §§ 57-12-1-
`
`57-12-26, with respect to persons who made Campaign Donations in New Mexico (the “Putative
`
`New Mexico Class Members”); specifically, CVS violated N.M. Stat. Ann. § 57-12-3.
`
`119.
`
`The Putative New Mexico Class Members are entitled to statutory damages of $100
`
`pursuant to N.M. Stat. Ann. § 57-12-10(B).
`
`120.
`
`The Putative New Mexico Class Members are entitled to an order enjoining CVS’s
`
`17
`
`
`
`Case 1:22-cv-03116-RPK-RML Document 1 Filed 05/26/22 Page 18 of 26 PageID #: 18
`
`unlawful practices pursuant to N.M. Stat. Ann. § 57-12-10(A).
`
`121.
`
`The Putative New Mexico Class Members are entitled to reasonable legal fees
`
`pursuant to N.M. Stat. Ann. § 57-12-10(C).
`
`NEW YORK
`
`NEW YORK GENERAL BUSINESS LAW § 349
`
`(N.Y. Gen. Bus. Law § 349)
`
`122. CVS violated the N.Y. Gen. Bus. Law § 349, with respect to persons who made
`
`Campaign Donations in New York (the “Putative New York Class Members”); specifically, CVS
`
`violated N.Y. Gen. Bus. Law § 349(a).
`
`123.
`
`The Putative New York Class Members are entitled to statutory damages of $50
`
`pursuant to N.Y. Gen. Bus. Law § 349(h).
`
`124.
`
`The Putative New York Class Members are entitled to an order enjoining CVS’s
`
`unlawful practices pursuant to N.Y. Gen. Bus. Law § 349(h).
`
`125.
`
`The Putative New York Class Members are entitled to reasonable legal fees pursuant
`
`to N.Y. Gen. Bus. Law § 349(h).
`
`NORTH CAROLINA
`
`NORTH CAROLINA UNFAIR AND
`DECEPTIVE TRADE PRACTICES ACT
`
`(N.C. Gen. Stat. Ann. §§ 75-1 - 75-43)
`
`126. CVS violated the North Carolina Unfair And Deceptive Trade Practices Act, N.C.
`
`Gen. Stat. Ann.§§ 75-1 - 75-43, with respect to persons who made Campaign Donations in North
`
`Carolina (the “Putative North Carolina Class Members”); specifically, CVS violated N.C. Gen. Stat.
`
`Ann.§ 75-1.1(a).
`
`127.
`
`The Putative North Carolina Class Members are entitled to treble actual damages
`
`18
`
`
`
`Case 1:22-cv-03116-RPK-RML Document 1 Filed 05/26/22 Page 19 of 26 PageID #: 19
`
`pursuant to N.C. Gen. Stat. Ann.§ 75-16.
`
`128.
`
`The Putative North Carolina Class Members are entitled to reasonable legal fees
`
`pursuant to N.C. Gen. Stat. Ann.§ 75-16.1(1).
`
`NORTH DAKOTA
`
`NORTH DAKOTA UNLAWFUL SALES
`OR ADVERTISING PRACTICES ACT
`
`(N.D. Cent. Code §§ 51-15-01- 51-15-12)
`
`129. CVS violated the North Dakota Unlawful Sales or Advertising Practices Act, N.D.
`
`Cent. Code §§ 51-15-01- 51-15-12, with respect to persons who made Campaign Donations in North
`
`Dakota (the “Putative North Dakota Class Members”); specifically, CVS violated N.D. Cent. Code
`
`§ 51-15-02.
`
`130.
`
`The Putative North Dakota Class Members are entitled to actual damages pursuant
`
`to N.D. Cent. Code § 51-15-09.
`
`131.
`
`The Putative North Dakota Class Members are entitled to reasonable legal fees
`
`pursuant to N.D. Cent. Code § 51-15-09.
`
`OHIO
`
`OHIO CONSUMER SALES PRACTICES ACT
`
`(Ohio Rev. Code §§ 1345.01 - 1345.13)
`
`132. CVS violated the Ohio Consumer Sales Practices Act, Ohio Rev. Code §§ 1345.01 -
`
`1345.13, with respect to persons who made Campaign Donations in Ohio (the “Putative Ohio Class
`
`Members”); specifically, CVS violated Ohio Rev. Code § 1345.02(A).
`
`133.
`
`The Putative Ohio Class Members are entitled to actual damages pursuant to Ohio
`
`Rev. Code § 1345.09(A).
`
`134.
`
`The Putative Ohio Class Members are entitled to an order enjoining CVS’s unlawful
`
`19
`
`
`
`Case 1:22-cv-03116-RPK-RML Document 1 Filed 05/26/22 Page 20 of 26 PageID #: 20
`
`practices pursuant to Ohio Rev. Code § 1345.09(D).
`
`135.
`
`The Putative Ohio Class Members are entitled to reasonable legal fees pursuant to
`
`Ohio Rev. Code § 1345.09(F)(2).
`
`OKLAHOMA
`
`OKLAHOMA CONSUMER PROTECTION ACT
`
`(15 Okla. St. Ann. §§ 751 - 764.1)
`
`136. CVS violated the Oklahoma Consumer Protection Act, 15 Okla. St. Ann. §§ 751 -
`
`764.1, with respect to persons who made Campaign Donations in Oklahoma (the “Putative Oklahoma
`
`Class Members”); specifically, CVS violated 15 Okla. St. Ann. § 753(20).
`
`137.
`
`The Putative Oklahoma Class Members are entitled to actual damages pursuant to 15
`
`Okla. St. Ann. § 761.1(A).
`
`138.
`
`The Putative Oklahoma Class Members are entitled to reasonable legal fees pursuant
`
`to 15 Okla. St. Ann. § 761.1(A).
`
`OREGON
`
`OREGON UNLAWFUL TRADE PRACTICES ACT
`
`(Ore. Rev. Stat. §§ 646.605 - 646.691)
`
`139. CVS violated the Oregon Unlawful Trade Practices Act, Ore. Rev. Stat. §§ 646.605 -
`
`646.691, with respect to persons who made Campaign Donations in Oregon (the “Putative Oregon
`
`Class Members”); specifically, CVS violated Ore. Rev. Stat. § 646.607(1).
`
`140.
`
`The Putative Oregon Class Members are entitled to statutory damages of $200
`
`pursuant to Ore. Rev. Stat. § 646.638(1).
`
`141.
`
`The Putative Oregon Class Members are entitled to an order enjoining CVS’s unlawful
`
`practices pursuant to Ore. Rev. Stat. § 646.638(1).
`
`142.
`
`The Putative Oregon Class Members are entitled to reasonable legal fees pursuant to
`
`20
`
`
`
`Case 1:22-cv-03116-RPK-RML Document 1 Filed 05/26/22 Page 21 of 26 PageID #: 21
`
`Ore. Rev. Stat. § 646.638(3).
`
`SOUTH CAROLINA
`
`SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT
`
`(S.C. Code Ann. §§ 39-5-10 - 39-5-180)
`
`143. CVS violated the South Carolina Unfair Trade Practices Act, S.C. Code Ann. §§
`
`39-5-10 - 39-5-180, with respect to persons who made Campaign Donations in South Carolina (the
`
`“Putative South Carolina Class Members”); specifically, CVS violated S.C. Code Ann. § 39-5-20(a).
`
`144.
`
`The Putative South Carolina Class Members are entitled to actual damages pursuant
`
`to S.C. Code Ann. § 39-5-140(a).
`
`145.
`
`The Putative South Carolina Class Members are entitled to an order enjoining CVS’s
`
`unlawful practices pursuant to S.C. Code Ann. § 39-5-140(a).
`
`146.
`
`The Putative South Carolina Class Members are entitled to reasonable legal fees
`
`pursuant to S.C. Code Ann. § 39-5-140(a).
`
`SOUTH DAKOTA
`
`SOUTH DAKOTA DECEPTIVE TRADE
`PRACTICES AND CONSUMER PROTECTION ACT
`
`(S.D. Codified Laws §§ 37-24-1 - 37-24-58)
`
`147. CVS violated the South Dakota Deceptive Trade Practices and Consumer Protection
`
`Act, S.D. Codified Laws §§ 37-24-1 - 37-24-58, with respect to persons who made Campaign
`
`Donations in South Dakota (the “Putative South Dakota Class Members”); specifically, CVS violated
`
`S.D. Codified Laws § 37-24-6(1).
`
`148.
`
`The Putative South Dakota Class Members are entitled to actual damages pursuant
`
`to S.D. Codified Laws § 37-24-31.
`
`21
`
`
`
`Case 1:22-cv-03116-RPK-RML Document 1 Filed 05/26/22 Page 22 of 26 PageID #: 22
`
`TENNESSEE
`
`TENNESSEE CONSUMER PROTECTION ACT
`
`(Tenn. Code Ann. §§ 47-18-101 - 47-18-132)
`
`149. CVS violated the Tennessee Consumer Protection Act, Tenn. Code Ann. §§
`
`47-18-101 - 47-18-132, with respect to persons who made Campaign Donations in Tennessee (the
`
`“Putative Tennessee Class Members”); specifically, CVS violated Tenn. Code Ann. § 47-18-104(a).
`
`150.
`
`The Putative Tennessee Class Members are entitled to actual damages pursuant to
`
`Tenn. Code Ann. § 47-18-109(a)(1).
`
`151.
`
`The Putative Tennessee Class Members are entitled to an order enjoining CVS’s
`
`unlawful practices pursuant to Tenn. Code Ann. § 47