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