Express Scripts Faces Class Action

ST. LOUIS (CN) - A federal class action claims Express Scripts allowed unknown people to gain confidential information of its members. The lead plaintiff claims Express Scripts got an extortion letter in October 2008, threatening to publish confidential information of millions of Express Scripts members on the Internet.

The letter included confidential information of 75 members, including Social Security numbers and prescription information, the suit states.

Named plaintiff John Amburgy claims Express Scripts waited nearly a month to issue a vague statement on its Web site on Nov. 6, 2008 and a second statement on Nov. 11, that admitted some Express Scripts members had received similar letters. Express Scripts announced that it knows where the information was accessed but was still investigating how it was accessed, the suit states. But five months later, Express Scripts still has not announced how many members have had their confidential information compromised, the suit states.

Amburgy claims Express Scripts has a history of being dishonest with its customers. The New York Attorney General charged Express Scripts in 2004 with defrauding customers by asking their doctors to switch their drugs to gain bigger rebates from pharmaceutical companies. That investigation allegedly prompted lawsuits from 28 other states. Express Scripts was sued again in 2005, accused of defrauding clients through their self-insured ERISA, the suit states.

Amburgy seeks damages and wants Express Scripts to provide credit monitoring for class members, who are Gary Growe.

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