COURT APPROVES MULTI-MILLION DOLLAR SETTLEMENT IN LANDMARK CONSUMER PRIVACY CASE AND APPOINTS MATT DAVIS AS CLASS COUNSEL -- LensCrafters

The San Francisco Superior Court granted preliminary approval of a settlement in a ground-breaking privacy rights case that the Walkup firm prosecuted on behalf of 1.5 million California consumers. The firm represented two individuals who filed a class action lawsuit on behalf of all persons who, between March 12, 1998 and February 4, 2008, had their eyes examined inside a LensCrafters store (in California) and who purchased eyewear on the same day. The plaintiffs alleged among other things that the optometrists and LensCrafters mishandled and misused the patients' medical and prescription information in violation of California's Confidentiality of Medical Information Act and other consumer protection laws. (For a copy of the complaint, click here.) LensCrafters denied the allegations and vigorously defended the case for almost six years. A retired federal magistrate helped mediate a settlement late last year.

Under the settlement, approximately 250,000 class members who patronized LensCrafters from March 1998 through December 1999 can claim an unrestricted $40 voucher redeemable for goods and services at LensCrafters. Another 1.3 million class members, who made purchases between January 2000 and February 2008, will be offered either $30 cash or a $70 voucher. (If less than half of this latter group makes a claim, then those who do shall receive an additional $25 voucher.) The vouchers are good on any product or service available at LensCrafters and may be used in conjunction with any other valid coupon or group discount. The settlement documents and other details can be found here: http://snowsettlement.com/documents.html

Upwards of $20 million in cash and benefits is expected to be paid out, making this the largest medical privacy settlement in California history.

LensCrafters also agreed to adopt and follow a series of good business practices going forward that will ensure that the privacy and prescription rights of its customers are respected.

In granting preliminary approval of the settlement, San Francisco Superior Court Judge Richard A. Kramer appointed Matt Davis as lead class counsel in the case.

If you want further information about this settlement, please visit http://snowsettlement.com/. For a list of frequently asked questions, go to http://snowsettlement.com/faq.html.

LensCrafters Class Action - Frequently Asked Questions

Answer 

1. What is this lawsuit about?

The Action was filed by individuals who allege that LensCrafters (and its affiliate, EYEXAM of California, Inc.) engaged in misleading advertising practices, violated California laws regarding business and financial relationships between opticians and optometrists, and improperly disclosed patients' medical information to each other and their agents.

LensCrafters denies that it committed any violations of law or engaged in any of the wrongful acts alleged. In order to resolve the Action, and forever resolve these claims, LensCrafrters agreed to the settlement described in the Class Notice.

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2. Who is included in the Settlement Class?

For purposes of settlement only, the Court has certified a California class consisting of "all persons who had their eyes examined inside a California LensCrafters store and purchased eyewear on the same day from LensCrafters during the period from March 12, 1998 through February 4, 2008."

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3. Who represents the Settlement Class?

The Court has appointed Matthew Davis, a partner with the Walkup firm, as Class Counsel representing Plaintiffs and the Settlement Class:

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4. What type of lawyer and law firm are Class Counsel?

The Walkup firm was founded in 1959 and is considered California's premier personal injury firm. Their attorneys represent real people, not corporations, and have recovered hundreds of millions of dollars for injured plaintiffs throughout California, in individual claims as well as class actions and mass tort litigation. To find out more about the firm go here. To find out more about Matt Davis go here

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5. What does the Settlement provide?

LensCrafters must send to each potential Class Member, via U.S. Mail, a postcard Notice and Claim Form notifying each Class Member of the settlement and of the benefits available to the Class Member, according to the date on which the Class Member had their eyes examined and purchased eyewear from LensCrafters.

Category 1 Class Members are those Class Members who patronized LensCrafters on any day from January 1, 2000 through February 4, 2008. Category 1 Class Members are eligible to receive, at their election, either a $70 Unrestricted Voucher (as defined in Frequently Asked Question number 6) or a $30 cash payment. If less than 50% of Category 1 Class Members return their Claim Forms, there will be an enhancement and each Settlement Class Member in this category who submitted a valid Claim Form will also be sent an additional $25 Unrestricted Voucher, regardless of whether they elected a cash payment or an Unrestricted Voucher.

Category 2 Class Members are those Class Members who patronized LensCrafters on any day from March 12, 1998 through December 31, 1999. Category 2 Class Members are eligible to receive a $40 Unrestricted Voucher, as described in Frequently Asked Question 6.

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6. What is an Unrestricted Voucher?

An Unrestricted Voucher is a voucher good on any product or service, transferable to other persons, combinable with any other coupons, or group discounts, and usable at either EYEXAM or LensCrafters. Unrestricted Vouchers shall not be combinable with another Unrestricted Voucher, except that one $70 Unrestricted Voucher shall be combinable with one $25 Unrestricted Voucher issued as an enhancement, as set forth in Frequently Asked Question 5. The Unrestricted Voucher shall be valid for one year from the date of issuance. The Unrestricted Voucher may be used on a single visit only at either EYEXAM or LensCrafters. There will be no cash back or store credit from any unused portion of the voucher.

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7. When will the Settlement become final?

A final approval hearing is scheduled to take place on July 11, 2008. The purpose of the hearing is for the Court to decide whether the proposed settlement is fair and should be approved. If approved, it is expected that the settlement checks and vouchers will be mailed out about 90 days thereafter.

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You should immediately provide (via email or U.S. Mail) us with the following information:

• Your name (if your name was different on the date of your LensCrafters visit, then you also provide your former name)
• Your current address (if your or address was different on the date of your LensCrafters visit, then you also provide your former address)
• Your current telephone number
• As estimate of the date that you had your eyes checked and LensCrafters and purchased eyewear (remember, that had to have occurred on the same day)
• The location of the LensCrafters store or stores that you visited.
• If your name or address was different on the date of your LensCrafters visit, then you also provide your former name and address.

We will forward this information to the Claims Administrator, who will investigate your case to determine whether you are a Class Member. Look for and hold on to any paperwork that reflects your visit to LensCrafters, such as receipts, as you may have to submit this to the claims administrator to verify your claim.

In the alternative, you can contact the Claims Administrator directly by calling toll-free 1-888-283-1113 and recording your contact information.

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9. How can I get more information about the LensCrafters settlement?

Send your email questions to mdavis@walkup.org.

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