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Old 07-02-2008, 04:11 PM   #1 (permalink)
Junior Member
 
Join Date: Jul 2008
Posts: 2
Default LensCrafters Class Action Good Deal?

In June of 2008 attorney for the Plaintiff's filed a motion to approve a settlement that would allow LensCrafters to pay $30 and or some vouchers for LensCrafters products or services to class members.

However, under the California Confidentiality of Medical Information Act, persons whose medical information is disclosed without authorization [which is the basis of this claim] are entitled to $1,000 in nominal damages. If you did not opt out of the lawsuit or you accepted the offer, you gave away, in theory $970. Yikes!

The question is: Did the attorney representing the class members properly disclose this information to the class members? Where class members given enough information to make an informed decision about accepting the offer?

In any case, the judge will accept the settlement on July 11, 2008. Unless enough class members objected. If you are unhappy with the terms you can mail a letter to the judge and the attorneys

RE: Snow et al. v. LensCrafters, et al., Case No. CGC-02-405544 (San Francisco Superior Court)

Clerk of the Court
Superior Court of California
County of San Francisco
Civic Center Courthouse
400 McAllister Street
San Francisco, CA 94102

Matthew D. David
Walkup, Melodia, Kelly & Schoenberger
650 California Street, 26th Floor
San Francisco, CA 94108

Lori A. Schechter
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105


Last edited by busigirl : 07-04-2008 at 10:56 AM.
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Old 07-03-2008, 02:45 PM   #2 (permalink)
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Default

How do you get $1,000 instead of $30?

Or do you mean if you opt out of the settlement you must hire your own attorney and sue them for $1,000?

I don't understand this, this is very confusing... I received the claim form, but didn't fill it out or mail it yet; the deadline to submit it is August so I kept it to research... and google landed me on your post.

I think there is also an option for a voucher for $70 but it comes with an expiry date of one year when they issue, so what if I don't use it. Usually prescriptions are two years, so they know when you visit them and they probably will mail it out to you right away, right? Wish the expiry was 2 years.

Also, if I submit the claim will I receive subpar service in the future?
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Old 07-04-2008, 10:55 AM   #3 (permalink)
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Default Lenscrafters

I am not an attorney so you would need to verify this - You could file your own suit but only if you opt out in time in the manner prescribed. You only get the money if you responded in time to the notice...you get nothing if you don't respond...If you want to try for the $1,000 you would need to file your own suit after you properly opt out...or you could ask the class lawyer to hold out for more money by writing to the judge and the lawyers involved.
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