Kelley v. CVS Pharmacy, Inc. was a case alleging that CVS’ use of its customers’ confidential prescription information in a marketing program consisting of prescription refill reminders and “switch” letters promoting different medications violated the Massachusetts consumer protection act. On cross-motions for summary judgment, the court ruled that CVS’ conduct of using customer information, which it obtained for the sole purpose of filling prescriptions, for its own financial gain without the consent of the pharmacy customer constituted an unfair and deceptive practice under the Massachusetts consumer protection act. The court awarded the plaintiff statutory damages under the consumer protection act.