Skip to main content

When consumers comparison shop, cost is crucial.  That’s why it’s so important for companies to make sure what they say about their prices is accurate.  If businesses need a timely reminder, the FTC’s proposed $5 million settlement with CVS Caremark drives that point home.

CVS Caremark offers Medicare Part D prescription drug plans through subsidiaries like RxAmerica, which CVS Caremark acquired in October 2008.  When choosing their Medicare Part D drug plan, a lot of people do their research online.  They may look up plan benefits and drug prices on RxAmerica’s webpage, use the Plan Finder tool on the Centers for Medicare & Medicaid Services site, or visit third-party sites that post price info.

The FTC charged that from 2007 through at least November 2008, RxAmerica posted on its website — and supplied for posting to Plan Finder and third-party sites — incorrect prices for some Medicare Part D prescription drugs at two pharmacy chains, CVS and Walgreens.  In some instances, the actual prices were as much as 10 times more than the posted prices.

The FTC says that as a result of the deceptive price claims, many elderly and disabled consumers who chose RxAmerica plans paid significantly more than they expected for their drugs at CVS and Walgreens.  What’s more, according to the complaint, that pushed some of them into the “donut hole” — the coverage gap where none of their drug costs are reimbursed — sooner than they anticipated or planned.

The proposed order bars CVS Caremark from misrepresenting what people will pay for Medicare Part D prescription drugs or other prices or costs associated with Medicare Part D prescription drugs plans.  In addition, CVS Caremark will pay $5 million in consumer refunds.  The FTC will mail checks to eligible consumers.

The FTC also considered some other consumer protection and competition issues raised in this matter, but issued a letter closing its investigation.

It is your choice whether to submit a comment. If you do, you must create a user name, or we will not post your comment. The Federal Trade Commission Act authorizes this information collection for purposes of managing online comments. Comments and user names are part of the Federal Trade Commission’s (FTC) public records system, and user names also are part of the FTC’s computer user records system. We may routinely use these records as described in the FTC’s Privacy Act system notices. For more information on how the FTC handles information that we collect, please read our privacy policy.

The purpose of this blog and its comments section is to inform readers about Federal Trade Commission activity, and share information to help them avoid, report, and recover from fraud, scams, and bad business practices. Your thoughts, ideas, and concerns are welcome, and we encourage comments. But keep in mind, this is a moderated blog. We review all comments before they are posted, and we won’t post comments that don’t comply with our commenting policy. We expect commenters to treat each other and the blog writers with respect.

  • We won’t post off-topic comments, repeated identical comments, or comments that include sales pitches or promotions.
  • We won’t post comments that include vulgar messages, personal attacks by name, or offensive terms that target specific people or groups.
  • We won’t post threats, defamatory statements, or suggestions or encouragement of illegal activity.
  • We won’t post comments that include personal information, like Social Security numbers, account numbers, home addresses, and email addresses. To file a detailed report about a scam, go to ReportFraud.ftc.gov.

We don't edit comments to remove objectionable content, so please ensure that your comment contains none of the above. The comments posted on this blog become part of the public domain. To protect your privacy and the privacy of other people, please do not include personal information. Opinions in comments that appear in this blog belong to the individuals who expressed them. They do not belong to or represent views of the Federal Trade Commission.

Get Business Blog updates