Frequently Asked Questions
When were Awards distributed?
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?
How can I get more information?
1. When were Awards distributed?
All Awards were mailed on December 5, 2008 to eligible Class Members who filed a valid claim.
2. 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.
3. 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."
4. 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
5. What does the Settlement provide?
The settlement benefits were 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 were eligible to receive, at their election, either a $70 Unrestricted Voucher (as defined in Frequently Asked Question number 6) OR a $30 cash payment. Because less than 50% of Category 1 Class Members returned 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 were 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. How can I exclude myself from the Settlement?
Please note: the deadline for filing an exclusion has now passed.
8. How do I object to the Settlement?
Please note: the deadline for filing an objection has now passed.
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 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 Settlement Administrator to contact you, please call toll-free 1-888-283-1113 and record your contact information.