1. What is this lawsuit about?
2. Who is included in the Settlement Class?
3. Who represents the Settlement Class?
4. What type of lawyer and law firm are Class Counsel?
5. What does the Settlement provide?
6. What is an Unrestricted Voucher?
7. When will the Settlement become final?
8. I believe that I am a member of the Settlement Class, but I did not receive a Claim Form. What should I do?
9. How can I get more information about the LensCrafters settlement?
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.
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."
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:
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
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.
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.
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.
8. I believe that I am a member of the Settlement Class, but I did not receive a Claim Form. What should I do?
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.
9. How can I get more information about the LensCrafters settlement?
Send your email questions to mdavis@walkup.org.
