Digital privacy | Proposed class settlement
Inside the $20.5 Million CVS Privacy Deal: $5 Claims, a Broad Release
CVS and advertising company Criteo agreed to settle allegations that data from CVS websites and its app was disclosed through embedded technology. The defendants deny wrongdoing, and the deal still requires court approval.
Under the proposed settlement, a household that files a valid claim without supporting records could receive up to $5. A household with reasonable documentation could receive up to $10. Every class member who does not opt out, however, would give up a wide range of claims connected to technology and interactions across CVS digital properties, even if no claim is filed.
That exchange is the central fact buried inside the 44-page agreement. The deal would end a lawsuit brought by Justin Brewer, Ariel Brooks, Alex Sisti, and Marc Weinberger against CVS Pharmacy and Criteo Corp. The plaintiffs alleged violations of the federal Electronic Communications Privacy Act, state statutes, breach of confidence, invasion of privacy, and negligence.
CVS is described in the agreement as a health solutions company with more than 36 million customers. Criteo provides digital advertising support, including on the CVS website and app. The agreement does not say that all CVS customers are class members, nor does it estimate how many people accessed the covered digital properties.
Four numbers define the bargain
The agreement calls $20.5 million the Maximum Cash Payment, but the label is easy to misunderstand. It is not reserved solely for payments to people who used CVS digital services. The same ceiling covers approved claims, settlement administration, attorneys’ fees and costs, and service awards.
The alleged mechanism starts with embedded technology
The agreement defines the underlying claims as arising from CVS’s alleged disclosure of health or private information, personal information, browsing data, identifiers, or other data to Criteo and other technology providers or third parties. It says the alleged disclosures occurred through technology embedded on CVS digital properties.
Conceptual account based on the settlement’s description of the allegations. It is not a finding that a disclosure occurred.
What this document establishes, and what it does not
The cash payments are small and limited to one per household
Claimants seeking up to $10 must submit reasonable documentation showing an interaction with a CVS digital property before preliminary approval. The agreement gives examples such as browser history, dated screenshots, and email receipts for online purchases. A personal statement alone does not count as reasonable documentation, although it may explain other records.
A person who does not provide those records may seek up to $5. A documentation-based claim that is not cured can be treated as the lower payment option. Both amounts can be reduced proportionally if the total settlement obligations exceed the $20.5 million cap after approved deductions.
| Option | What is required | Maximum before adjustment |
|---|---|---|
| Cash Payment A | Reasonable documentation showing interaction with CVS digital properties | Up to $10 per household |
| Cash Payment B | A valid claim without documentation of class membership | Up to $5 per household |
| No valid claim | No completed and accepted claim form | No payment, but the release still applies unless the person opts out |
Only one cash payment is permitted for everyone living at the same mailing address, while every class member who stays in the settlement remains subject to the release.Settlement Agreement, Sections IV and XI
The $20.5 million cap pays more than claims
Before assessing whether claims fit under the cap, the agreement deducts administration expenses and any court-approved attorneys’ fees, costs, and service awards. Class counsel may seek fees and costs of up to 37.5% of the cap. That request could reach $7,687,500, although the court may award less.
The agreement is not contingent on the court granting the full fee request. It also provides for service awards in an amount not exceeding $2,500, subject to approval.
Uncashed checks follow the same direction. Checks would remain valid for 180 days, after which undistributed money would return to the defendants.
The release extends beyond the allegation against Criteo
The settlement class includes all living individuals who accessed CVS digital properties in the United States before preliminary approval, subject to listed exclusions. The agreement does not require a person to have received notice, submitted a claim, or collected money before becoming bound. The critical step is whether that person remains in the class rather than opting out.
The released claims include known and unknown claims relating to the causes of action, the use of any technology on CVS digital properties, or any interactions with any of the CVS Digital Properties
. The release protects CVS, Criteo, their related entities, and listed technology providers including Medallia, Quantum Metric, Adobe, Braze, and Branch Metrics.
| Choice | Possible payment | Effect on covered claims |
|---|---|---|
| Submit a valid claim | Up to $5 or $10 per household | Claims covered by the release are relinquished if the settlement becomes effective |
| Do nothing | None | The person remains bound unless a timely, valid opt-out request is submitted |
| Opt out | None | The person does not release covered claims through this settlement |
| Object | Eligible to claim if other requirements are met | The objector stays in the class and is bound if the settlement takes effect |
CVS and Criteo have a unilateral termination option if more than 5,000 class members submit valid and timely opt-out requests. Because the agreement provides no estimate of the class population, it is not possible to calculate what fraction of the class that threshold represents.
Objecting is possible, but procedurally demanding
A class member who wants the court to reject or change the settlement must remain in the class. The agreement requires an objection to be filed with the court and mailed to class counsel, defense counsel, and the settlement administrator.
The objector must provide grounds and known legal support. If represented, the filing must identify counsel, disclose counsel’s class action objections during the previous five years, and include relevant court orders. The objector must also state whether artificial intelligence was used to prepare the objection.
- Class counsel or defense counsel may conduct limited discovery of an objector or the objector’s lawyer.
- A person seeking to appear at the final approval hearing must file a separate notice of intention to appear.
- The agreement says noncompliance can lead to an objection being overruled on procedural grounds without evaluation of its merits.
- An objection and an opt-out are alternatives. A person who opts out cannot object as a class member.
The deal was negotiated before a ruling on the allegations
- The parties attended mediation after plaintiffs’ counsel contacted the defendants about an early resolution.
- The plaintiffs filed the putative class complaint and later amended it, according to the agreement.
- Signature pages in the supplied agreement show the parties and counsel executing the settlement.
- Preliminary approval stage The plaintiffs will ask the court to approve notice, provisionally certify the class for settlement, and schedule a final approval hearing.
- Final approval stage The court would decide whether the settlement, fee request, service awards, notice process, and release should receive final approval.
If preliminary approval is granted, the administrator would begin notice within 45 days. The opt-out and objection deadlines would fall 30 days before the scheduled final approval hearing. The claim deadline would fall 15 days before that hearing.
The agreement contains formulas for those deadlines, not the calendar dates themselves. Those dates must come from a future court order and approved notice.
CVS and Criteo deny liability
The defendants expressly deny the complaint’s allegations, deny violating any law, and deny acting improperly. They say they entered the agreement to avoid the expense, burden, disruption, and uncertainty of further litigation.
The plaintiffs do not concede that their claims lack merit. Their lawyers state that they investigated the facts and law, considered the risks of continued litigation, and concluded that the settlement is fair and in the class’s best interests.
No merits ruling appears in the supplied material. Court approval of a settlement would determine whether the negotiated deal is fair enough to bind the class. It would not, by itself, establish that the alleged data disclosure occurred.
The agreement describes payment, not a privacy overhaul
The settlement consideration section lists cash payments, administration costs, attorneys’ fees and costs, and service awards. The supplied agreement does not describe a requirement that CVS or Criteo remove specific technology, change data practices, submit to an audit, delete previously collected data, or provide a new privacy control.
That does not establish that no operational changes occurred elsewhere. It means the settlement document provided here does not make such a change part of the negotiated class relief.
The headline is millions. The individual bargain is measured in dollars.
The proposed CVS settlement puts a large number at the top of the page, but the agreement divides that number among claim payments, administration, fees, costs, and awards. It limits payments to one per household, permits proportional reductions, and sends residual money back to the defendants.
In return, the deal seeks finality across a class whose size is not disclosed and a release that reaches technology use and interactions throughout CVS digital properties. Whether that is a fair exchange is the question the court will eventually have to answer.
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