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The lawsuit is titled Ariza et al v. Luxottica Retail North America, No. 17-cv-5216 (PKC) (LB) and is pending in the United States District Court for the Eastern District of New York (the "Action"). Plaintiffs claim that LensCrafters violated certain laws by making material misrepresentations about its AccuFit system, claiming that it was “five times more precise” than traditional methods, measuring “down to a tenth of a millimeter,” and that customers would have “clearer, crisper vision” and “see the world more clearly.” Plaintiffs allege that these representations were false because LensCrafters never updated its manufacturing process to manufacture glasses to a 0.1mm specification, and doing so would not have been clinically significant. Plaintiffs allege that consumers paid more than they would have if these representations had never been made. Plaintiffs do not allege that prescription eyeglasses purchased at LensCrafters are defective or harmful in any way. Plaintiffs bring claims under (1) the California Consumers Legal Remedies Act, (2) the Florida Deceptive and Unfair Trade Practices Act, (3) New York General Business Law § 349, (4) New York General Business Law § 350, and (5) unjust enrichment under the laws of Florida.
LensCrafters strongly denies all of Plaintiffs’ allegations and stands behind the quality of its prescription eyewear. LensCrafters would allege numerous defenses to Plaintiffs’ claims if the case against it were to proceed to trial. LensCrafters specifically denies that it made material misrepresentations about AccuFit or its manufacturing process. LensCrafters believes in the superiority of AccuFit measurements and the benefits this service provides to customers. AccuFit was also a complimentary service, meaning LensCrafters did not charge for the service or increase prices in connection with AccuFit. Accordingly, LensCrafters asserts that no customers paid more money for LensCrafters’ eyeglasses as a result of any alleged representations about AccuFit, and therefore Plaintiffs are not entitled to recover money in this lawsuit.
In a class action lawsuit, a person called a “Class Representative” sues on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The Class Representatives who sued—and all the Class Members like them—are called the Plaintiffs. The company they sued (in this case, LensCrafters) is called the Defendant. One court decides the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class.
The Court did not decide in favor of Plaintiffs or LensCrafters. Instead, both sides agreed to the settlement. That way, they avoid the time, cost and risks of further litigation and trial. Plaintiffs and their attorneys think the settlement is best for all Class members.
The “Class” or “Nationwide Class” is defined as:
“All U.S. residents who, from September 5, 2013 to September 20, 2023, purchased prescription eyeglasses in the United States from LensCrafters after being fitted with AccuFit. Excluded from the Class are LensCrafters; LensCrafters’ employees, officers, and directors, as well as members of their immediate families; LensCrafters’ legal representatives, heirs, and successors; and any judge, justice, or judicial officer who have presided over this matter and the members of their immediate families and judicial staff."
If you are still not sure if you are included, please review the detailed information contained in the Settlement Agreement.
LensCrafters will pay $39,000,000 (thirty-nine million dollars) to establish a common fund for the benefit of the Class. There will be no reversion of the Settlement Fund to LensCrafters unless the Court does not approve the settlement or the settlement is reversed on appeal.
All Class members who submit an Approved Claim, as defined in the Settlement Agreement and described in Question 8 below, will receive a pro rata share of the Net Settlement Fund. More specifically, Class members who submit an Approved Claim shall each be eligible to receive up to $50.00 for each set of prescription eyeglasses purchased from LensCrafters during the Class Period subject to pro rata reduction if the total Claims exceed the Net Settlement Fund.
The Settlement Fund will also be used to pay, subject to Court approval: (1) attorneys’ fees plus Class Counsel’s reasonable expenses incurred in this litigation; (2) Service Awards to the Class Representatives; and (3) Notice and administration expenses.
To be eligible to receive a payment from the settlement, you must complete and submit a timely Claim Form by no later than thirty (30) days after the entry of the Final Approval Order, which would occur after the Final Approval Hearing on February 26, 2024. Submit your Claim Form online, or if you have requested a hard copy Claim Form, fill out the hard copy Claim Form and mail it to the address below, postmarked no later than thirty (30) days after the entry of the Final Approval Order:
AccuFit Class Action Settlement
c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324
If you do not submit a valid Claim Form by the deadline, you will not receive a payment from the settlement, but you will be bound by the Court’s judgment in these actions.
Payments from the settlement will not be distributed until the Court grants final approval of the settlement and any objections or appeals are resolved. It is uncertain whether and when any appeals will be resolved. Settlement updates will be provided on this website or may be obtained by contacting the Settlement Administrator.
Class members who have not previously opted out of the Class and wish to exclude themselves from the Class must submit a written Request for Exclusion. To be effective, such a request must include the Class member’s name, mailing address, e-mail address, the signature of the Class member, and the following statement, “I want to opt out of the Class certified in the Ariza v. Luxottica litigation.” Requests for Exclusion may be submitted by February 5, 2024 via First Class U.S. Mail and sent to the Settlement Administrator to:
AccuFit Class Action Settlement
ATTN: Exclusions
AccuFit Class Action Settlement
c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324
If you are a member of the Class and have not excluded yourself from the settlement, you can object to the settlement if you do not like part or all of it. The Court will consider your views.
To submit an objection, you must submit a notice of intent to object to the settlement that is filed with the Court and:
• Contains a caption that includes the name of the Action and the case number as follows: Ariza et al v. Luxottica Retail North America, No. 17-cv-5216 (PKC) (LB);
• Provide the name, address, telephone number and signature of the Class member filing the intent to object;
• Provide the approximate date of his/her purchase(s) of prescription eyeglasses from LensCrafters;
• Be filed with the United States District Court for the Eastern District of New York Clerk of the Court not later than thirty (30) days prior to the Final Approval (Final Fairness) Hearing;
• Be served on Plaintiffs’ Counsel (at the address below) and counsel for LensCrafters (at the address below) so it is received no later than thirty (30) days prior to the Final Approval (Final Fairness) Hearing;
• Contain the name, address, bar number and telephone number of the objecting Class member’s counsel, if represented by an attorney;
• Contain the number of class action settlements objected to by the Class member in the last three years; and
• State whether the objecting Class member intends to appear at the Final Approval (Final Fairness) Hearing, either in person or through counsel.
If the Class member is represented by counsel who intends to speak at the Final Approval (Final Fairness) Hearing, the notice of intent to object must also contain the following information:
• A detailed statement of the specific legal and factual basis for each and every objection; and
• A detailed description of any and all evidence the objecting Class member may offer at the Final Approval (Final Fairness) Hearing, including copies of any and all exhibits that the objecting Class member may introduce at the Final Approval (Final Fairness) Hearing.
Clerk of The Court
US District Court Eastern District of New York
225 Cadman Plaza East
Brooklyn, NY 11201
COHEN MILSTEIN SELLERS & TOLL PLLC
Geoffrey Graber
1100 New York Avenue, N.W., Suite 500 East
Washington, DC 20005-3964
BLANK ROME LLP
Frank A. Dante
Melissa Fundora Murphy
One Logan Square
130 N. 18th Street
Philadelphia, PA 19103
Objecting is telling the Court that you do not like something about the settlement. You can object only if you stay in the Class. Excluding yourself from the settlement means that you do not want to be part of the Class or the settlement. If you exclude yourself, then you have no basis to object to the settlement.
A Class Member who objects still remains in the Class and must timely submit a Claim Form in order to obtain a monetary award.
Class Counsel will apply to the Court by motion for an award to Class Counsel for attorneys’ fees, for reimbursement of reasonable expenses, and for Class Representative service awards. This request will be filed by January 8, 2024. The request for attorneys’ fees will be based on their services in this litigation, and will not exceed 33 1/3% of the Settlement Funds (up to $13,000,000), and may ask to be reimbursed for up to $2.75 million in current and ongoing litigation expenses, and up to $10,000 in service awards for each of the plaintiffs serving as class representatives.
Any payment to the attorneys will be subject to Court approval, and the Court may award less than the requested amount. The attorneys’ fees, costs, and expenses that the Court orders, plus Notice costs and the costs to administer the settlement, will come out of the Settlement Fund. When Class Counsel’s motion for fees, costs, and litigation expenses is filed, a copy will be available here.
You may also contact the Settlement Administrator by mail, email, or phone using the following contact information:
AccuFit Class Action Settlement
c/o Kroll Settlement Administration, LLC.
P.O. Box 5324
New York, NY 10150-5324
(833)-933-8668
Please do not call the Court or the Court Clerk’s Office to inquire about this settlement.
If you previously received Notice about the settlement and
need your Class Member ID in order to file a claim, please contact
(833)-933-8668 or [email protected].