The Federal Trade Commission (FTC) has issued 37 warning letters to contact lens prescribers regarding potential violations of the Contact Lens Rule. Additionally, a letter was sent to Spectrum Vision Partners, LLC, notifying them that the FTC is closing its investigation into their potential breaches of both the Eyeglass Rule and the Contact Lens Rule but cautioning them to remain compliant.
The Contact Lens Rule mandates that prescribers provide patients with a copy of their prescription following a fitting. Similarly, the Eyeglass Rule requires prescribers to give patients their prescription after any refractive eye examination. Both rules prohibit charging extra fees or requiring signed waivers for releasing prescriptions. They also forbid compelling patients to purchase contact lenses or eyeglasses from them or refusing an eye exam unless purchases are made.
These 37 letters were based on consumer complaints and do not constitute formal determinations of rule violations by recipients. The letters reminded prescribers of their obligations under these rules and warned that violations could lead to legal actions, including administrative subpoenas and civil penalties up to $53,088 per violation.
Spectrum Vision Partners was investigated due to consumer complaints about additional fees charged for releasing prescriptions at vision centers they manage. These fees were not applied if patients had a refractive exam but did not request a copy of their prescription.
While prescribers may charge for refractive eye exams, charging only those who want their prescriptions amounts to charging for prescriptions themselves, violating the Eyeglass Rule.
To assist compliance with these regulations, the FTC offers guidance such as "The Contact Lens Rule: A Guide for Prescribers and Sellers" and "Complying with the Eyeglass Rule." Consumers can also access information about their rights under federal law through resources like "Buying Prescription Glasses or Contact Lenses: Your Rights."
Alysa Bernstein from the FTC’s Bureau of Consumer Protection is leading this matter. The FTC's mission includes promoting competition while protecting and educating consumers without demanding money or making threats. For more information on consumer topics or reporting fraud, visit consumer.ftc.gov or ReportFraud.ftc.gov.
