“Buy one, get one free” appears to be a clear statement, with no ambiguity attached. However, according to two class action settlements, Visionworks had difficulty with the apparently easy to understand phrase.
Plaintiffs in class action lawsuit settlements in Ohio and Illinois might be eligible for compensation under two separate agreements reached with Visionworks. The class action lawsuits allege Visionworks inflated the price of the first pair of glasses to cover the costs associated with offering the second pair of glasses for free. The two-for-one offer was for the BOGO pair of eyeglasses.
The plaintiffs assert the inflated price of the first pair of eyeglasses negated any financial benefits derived from receiving the free second pair of eyeglasses. Plaintiff class members claim the fraudulent promotion violates the consumer protection laws mandated by the states of Ohio and Illinois.
Replaced by Karen Poteat, the first plaintiff in the Ohio class action lawsuit against Visionworks withdrew from the June 2014 filing in September of 2016. Cheryl Lenart filed the second class action lawsuit against Visionworks in Illinois. Both lawsuits transferred to the Northern District of Ohio to ensure uniform legal proceedings and judgments. However, consumer protection laws unique to each state remained in place for each of the Visionworks cases.
What You Need to Know
Both parties agreed to the class action settlements in January of 2017. Compensation under the settlement comes from a fund that exceeds $4.2 million. Visionworks denies the plaintiff allegations in both cases, claiming the company acted “lawfully at all relevant times.” The Ohio class action settlement applies to consumers who purchased a “Buy One, Get One Free” set of eyeglasses between June 25, 2012 and September 15, 2016. Illinois consumers have a smaller window for participation in the promotion between June 8, 2013 and September 15, 2016.
Class members that submit valid claims qualify for payments up to $100. Claimants must provide a receipt that includes the month, year, and dollar amount of a “Buy One, Get One Free” purchase. The deadline for filing a claim form is May 15, 2017. Formally referred to as Poteat v. Visionworks of America Inc., Case No. 1:15-cv-02306, and Lenart v. Visionworks of America Inc., Case No. 1:16-cv-02505, in the U.S. District Court for the Northern District of Ohio, the class action settlements with Visionworks includes a final hearing on July 31.2017
Class members can find updated information on the terms and important dates associated with the settlement at the website www.EyeglassesSettlement.com. Class counsel attorneys Drew Legando, Jack Landskroner, Tom Merriman, and Ed Jerse all represent the law firm Landskroner Grieco Merriman LLC. Mark Schlachet, Doug Werman, and Maureen Salas represent Werman Salas PC.
