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California man claims Rite Aid charged him more for generic prescriptions

By Louie Torres | Feb 2, 2018


SAN DIEGO (Legal Newsline) – A California consumer alleges he is paying more for generic prescription drugs at Rite Aid than customers enrolled in the pharmacy's Rx Savings Program.

Robert Josten filed a complaint on behalf of all others similarly situated on Jan. 23 in the U.S. District Court for the Southern District of California against Rite Aid Corp. alleging negligent misrepresentation, unjust enrichment and other counts.

According to the complaint, the plaintiff alleges that he was damaged financially from paying more than usual for generic prescription drugs he purchased at the defendant's pharmacy than cash-paying customers who do not use health insurance. 

"Rite Aid ...maintains an undisclosed, dual pricing scheme for the generic prescription drugs available through the RSP (Rx Savings Program). Indeed, Rite Aid has used its RSP as a mechanism to knowingly and intentionally overcharge consumers like plaintiff and the class, in excess of Rite Aid’s actual U&C (usual and customary) prices for these generics," the suit states.

The plaintiff holds Rite Aid Corp. responsible because the defendant allegedly overcharged him by nearly $20 for prescriptions he purchased from 2016 to the present.

The plaintiff requests a trial by jury and seeks injunctive relief; compensatory, consequential and general damages; disgorgement and restitution; statutory treble damages; punitive damages; exemplary damages; court costs; interest and any further relief the court grants. 

He is represented by Walter W. Noss of Scott + Scott, Attorneys at Law LLP in San Diego; Joseph P. Guglielmo and Erin Green Comite of Scott + Scott, Attorneys at Law LLP in New York, New York and Alfred G. Yates Jr. of Law Office of Alfred G. Yates Jr. PC in Pittsburgh, Pennsylvania.

U.S. District Court for the Southern District of California case number 3:18-cv-00152-JLS-JLB

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