LensCrafters Over-Prescribing - Law Firm Walkup, Melodia, Kelly & Schoenberger Attorneys San Francisco, California

LensCrafters Over-Prescribing

LensCrafters Over-Prescribing and Breach of Optometrist-Patient Privilege Class Action

Walkup, Melodia, Kelly & Schoenberger filed a class action lawsuit on behalf of California consumers who were examined by an optometrist inside LensCrafters stores and who then purchased eyewear from that same LensCrafters store. This lawsuit is currently pending in San Francisco Superior Court.

Optometrists are the doctors licensed to examine the patient’s eyes and issue a prescription for corrective lenses. The same type of confidential and privileged relationship exists between an optometrist and his patient as does between a medical doctor and his patient. An optician, by contrast, holds no professional degree or license and may only fill a prescription issued by an optometrist.

California has enacted a series of strict laws that prohibit opticians, eyewear companies and most other businesses from directly or indirectly controlling or influencing an optometrist’s practice. The purpose of these laws is to prevent opticians and eyewear companies from pressuring the optometrist to over-prescribe eyewear to his patients. Eye examinations are relatively inexpensive, usually costing $100 or less. Prescription eyewear, especially that set in designer frames, can be very expensive, sometimes costing more than $1,000 a pair.

The Allegations of the Lawsuit

LensCrafters is the largest optical chain in the nation, with about 90 stores in California alone. The LensCrafters chain of stores is ultimately owned by the Luxottica Group, an Italian company that is the largest eyewear company in the world. Luxottica makes or licenses many famous lines of expensive, designer eyewear, including Anne Klein, Giorgio Armani, Ray Ban, Persol and Chanel.

Plaintiff’s lawsuit alleges that in clear violation of California law, the defendants hire and station optometrists inside the LensCrafters stores and then forces them to over-prescribe products, to encourage patients to buy LensCrafters brands, and to steer patients to the LensCrafters sales floor following eye examinations. The suit also accuses defendants of withholding the patient’s prescription in violation of federal law, and forcing the optometrists to divulge the patient’s confidential medical information to LensCrafters for marketing purposes. Finally, the suit accuses defendants of making illegal and/or misleading advertising claims. Attorney General Bill Lockyer makes very similar allegations in a pending suit against Pearle Vision, the nation’s second-largest optical chain.

If any California consumer who was seen by an optometrist inside a LensCrafters store would like further information, then they may contact attorney Matt Davis at mdavis@walkuplawoffice.com.