Frequently Asked Questions
- What is this lawsuit about?
- Who is included in the Settlement Class?
- Who represents the Settlement Class?
- What does the Settlement provide?
- What is an Unrestricted Voucher?
- How can I exclude myself from the Settlement?
- How do I object to the Settlement?
- What is the Settlement Hearing, and when is it?
- How can I get more information?
1. What is this lawsuit about?
The Action was filed by individuals who allege that Defendants (LensCrafters, Inc. and EYEXAM of California, Inc.) engaged in misleading advertising practices, violated California laws regarding business and financial relationships between opticians and optometrists, including co-location, and improperly disclosed patients’ medical information to each other and their agents.
Defendants deny that they have committed any violations of law or engaged in any of the wrongful acts alleged in the complaints filed in the Action, or otherwise. In order to resolve the Action, and forever resolve these claims, Defendants have 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 at an EYEXAM office located in California 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 the following attorney as Class Counsel representing Plaintiffs and the Settlement Class:
Matthew D. Davis
Walkup, Melodia, Kelly & Schoenberger
650 California Street, 26th Floor
San Francisco, California 94108
(415) 981-7210
mdavis@WalkupLawOffice.com
4. What does the Settlement provide?
Defendants will 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 at EYEXAM and purchased eyewear on the same day from LensCrafters.
Category 1 Class Members are those Class Members who had their eyes examined at EYEXAM and purchased eyewear from LensCrafters on the same day, 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 5) 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 had their eyes examined at EYEXAM and purchased eyewear from LensCrafters on the same day, 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 5.
5. 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 4. 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.
6. How can I exclude myself from the Settlement?
If you fit within the definition of the Settlement Class, you may decide, for whatever reason, that you do not want to participate in the settlement. If you wish to be excluded from the settlement, you must send a letter or postcard, postmarked no later than June 2, 2008, and include your name, address, telephone number, the name of the case (Snow et al. v. LensCrafters, et al., Case No.CGC-02-405544 (San Francisco Superior Court)), and a statement that you do not wish to participate in the settlement. All requests for exclusion must be signed by or on behalf of the person requesting exclusion and be sent to the following counsel:
Class Counsel
Matthew D. Davis
Walkup, Melodia, Kelly & Schoenberger
650 California Street, 26th Floor
San Francisco, CA 94108
And
Defendants’ Counsel
Lori A. Schechter
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105
If you validly and timely request exclusion from the settlement:
1. You will be excluded from the Settlement Class and you will not be permitted to object to the settlement;
2. You may not file a Claim Form to participate in the benefits of the settlement;
3. You will not be bound by the final judgment entered in this Action; and
4. You will not be precluded from otherwise prosecuting, at your expense, any individual claim, if timely, you may have related to the matters referred to in the Action.
7. How do I object to the Settlement?
If you wish to object to the settlement, you must file a written objection describing the basis for the objection with the Court. If you wish to be heard at the Settlement Hearing, you should so indicate in your written objection. Your objection must indicate that you are a member of the Settlement Class. The written objection must be mailed or hand-delivered to:
Clerk of the Court
Superior Court of California, County of San Francisco
Civic Center Courthouse
400 McAllister Street
San Francisco, California 94102
Your objection must identify the case as Snow et al. v. LensCrafters, et al., Case No.CGC-02-405544 (San Francisco Superior Court), and must be received by the Court no later than June 2, 2008. You must also mail copies of your written objection to the counsel listed in Frequently Asked Question 6, which must be received by the Parties’ counsel no later than June 2, 2008. SETTLEMENT CLASS MEMBERS WHO DO NOT TIMELY MAKE THEIR OBJECTIONS IN THIS MANNER WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND SHALL NOT BE HEARD AT THE SETTLEMENT HEARING.
8. What is the Settlement Hearing, and when is it?
The Settlement Hearing will be held at 9:30 a.m. on July 11, 2008 before the Honorable Richard A. Kramer at the Superior Court of California, County of San Francisco, Civic Center Courthouse, Department 304, 400 McAllister Street, San Francisco, California 94102.
The purpose of the Settlement Hearing is for the Court to decide whether the proposed settlement is fair, and should be approved, and to decide whether to award the fees, costs and incentive awards requested by Plaintiffs and Class Counsel.
If the settlement is not approved, or if it is approved but the judgment entered by the Court does not become final, the Court will vacate the conditional certification of the class, appointment of the class representatives and Class Counsel, and the case will proceed as though the Settlement Class had never been certified.
9. How can I get more information?
More information can be obtained by examining the file for Snow et al. v. LensCrafters, et al., Case No. CGC-02-405544, at the Superior Court of California, County of San Francisco, Civic Center Courthouse, 400 McAllister Street, San Francisco, California 94102, during business hours, or from the San Francisco Superior Court’s website http://www.sftc.org/. Additionally, you may obtain more information by contacting Class Counsel at:
Matthew D. Davis
Walkup, Melodia, Kelly & Schoenberger
650 California Street, 26th Floor
San Francisco, CA 94108
(415) 981-7210
mdavis@WalkupLawOffice.com
If you need additional information and would like a representative from the Claims Administrator to contact you, please call toll-free 1-888-283-1113 and record your contact information.