Class Eligibility

The Settlement Class includes the following persons:

The “Ohio Settlement Class” (for the Poteat lawsuit): All consumers who completed a Buy-One-Get-One-Free Transaction at a Visionworks store located in Ohio from June 25, 2012, through September 15, 2016.

The “Illinois Settlement Class” (for the Lenart lawsuit): All consumers who completed a Buy-One-Get-One-Free transaction at a Visionworks store located in Illinois from June 8, 2013, through September 15, 2016.

For purposes of the Settlement Class, a BOGO Transaction means a transaction in which a consumer purchased two pairs of eyeglasses from Visionworks under a “Buy One, Get One Free” promotion for which the consumer paid the list price for one complete pair of eyeglasses (frames and lenses) from a Visionworks store either (a) in Ohio from June 25, 2012, through September 15, 2016, or (b) in Illinois from June 8, 2013, through September 15, 2016. Only consumers who paid money to Visionworks (in the form of cash, check, money order, credit card, debit card, or like instrument) are considered to have engaged in a BOGO Transaction.

Excluded from the Settlement Class are: (a) all persons who would otherwise qualify for membership in the Settlement Class but for the fact that such person previously has released all claims as to Visionworks or received a full refund or store credit from Visionworks for all “Buy One, Get One Free” transactions within the period covered by the Settlement Class; (b) Visionworks’ officers, directors, and employees; (c) Visionworks’ attorneys; (d) Plaintiffs’ attorneys; and (e) any judge or mediator who has presided over either mediation or disposition of this case and the members of his or her immediate family.

Estimated Amount

$100

Class Members can submit a claim form for a cash payment of up to $100.00 for each “Buy One, Get One Free” purchase of eyeglasses that they completed from a Visionworks store in Ohio between June 25, 2012, and September 15, 2016, or in Illinois between June 8, 2013, and September 15, 2016. If a Class Member paid less than $100.00 in the transaction, then that person may receive a payment up to the amount he or she actually paid. Only consumers who paid money to Visionworks (in the form of cash, credit, debit, check, money order, or the like) are eligible to receive a payment, and only one claim may be submitted per “Buy One, Get One Free” transaction. You do not get two claims due to the fact that you received two pairs of eyeglasses as part of the “Buy One, Get One Free” transaction, and consumers who received only a free pair of eyeglasses are not eligible for payment.

Proof of Purchase

No

Case Name

Poteat v. Visionworks of America Inc.,
Case No. 1:15-cv-02306
District Court for the Northern District of Ohio

Case Summary

The settlement resolves allegations that VisionWorks violated Ohio law by raising the price of their eyeglasses when featuring a buy one get one free promotion.

Ohio Administrative Code § 109:4-3-04 (the “Code”) regulates the use of the word “free” in the retail sector. The Code has three provisions central to this case: It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to use the word “free” … except in conformity of this rule. It is the express intent of this rule to prohibit the practice of advertising or offering goods or services as “free” when in fact the cost of the “free” offer is passed on to the consumer by raising the regular (base) price of the goods or services that must be purchased in connection with the “free” offer. In the absence of such a base price a “free” offer is in reality a single price for combination of goods or services offered, and the fiction that any portion of the offer is “free” is inherently deceptive. “Regular price” means the price at which the goods or services are openly and actively sold by a supplier to the public on a continuing basis for a substantial period of time.

Settlement Pool

$4,209,280

Deadline

5/15/2017

Contact


Visionworks Settlement Administrator
P.O. Box 43456
Providence, RI 02940-6697
866-664-9035
info@eyeglassessettlement.com

9 responses to “Visionworks BOGO Class Action Settlement”

  1. brandi jo trawick says:

    what about Indiana ?

    ADMIN – Hi Brandy,

    Indiana is not included.

  2. dawn says:

    I lived in Illinois at the time, however I now live in California. Am I able to still participate?

    ADMIN – Hi Dawn,

    Yes, but you may need to prove that you lived in Illinois.

  3. Monica Caldwell says:

    I would like to participate in this lawsuit as well. I live in Texas.

    ADMIN – Hi Monica,

    Did you purchase your glasses in the states included in this settlement?

  4. Miriam alaniz says:

    What about Nevada

    ADMIN – Hi Miriam,

    Nevada is not included in this settlement.

  5. Felicia George says:

    I live in Ohio and I have purchased several of these BOGO deals over the years for me and my child and I did not get a claim number or a code so how can I submit electronic claim? Thank you!

    ADMIN – Hi Felicia,

    There is a path to file without a #

  6. vicki says:

    link to file claim does not work.

    ADMIN – Hi Vicki,

    Please refer to the deadline to this class action. Once the deadline has passed the links no longer work.

  7. Jose sifuentes says:

    I sent in my forms that i received in the mail some time ago,i have not received any money yet,i was wondering what happened so far, i paid twice to vision works.

    ADMIN – Hi Jose,

    The deadline for this settlement has just passed it will be a while for the case to come to a full resolution. Please be patient.

  8. Lily says:

    I also sent in the form I received in the mail some time ago (i paid twice). When are the payments due to be mailed
    out-this summer?

    ADMIN – Hi Lily,

    The deadline was in May. It may be a few months before this is paid out.

  9. Brenda Blonski says:

    I spoke to someone at my visionworks store and was told I would need receipts to submit to corporate in order to receive my settlement. Is this true?

    ADMIN – Hi Brenda,

    The class action administrator may ask you for additional info but that is their prerogative. Per the terms of the settlement those who submitted prior to deadline had the option to submit without further proof.

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