Update: Online contact sales under legislative scrutiny

Good afternoon,

I wanted to share a few items from the Mississippi hearing last week. Attached you will find what 1-800 gave to state legislators last week claiming how much costs will be increased under the UPP. While discussing the cost issues associated with the UPP is not a strategy we would recommend, I would draw your attention to Page 4 of the document which has a quote from the President of Johnson and Johnson Vision Care that says, “This gives the optometrist the ability to improve his or her capture rate in the office… Now the patient has no incentive to shop around.” If this is what 1-800 is putting in writing, imagine what they are saying to state legislators in their offices. I’m also attaching a copy of the testimony offered by Mississippi to the Senate committee hearing the bill. I think it does an excellent job of summarizing our arguments against the bill. 

Additionally, we have reports that 1-800 has changed their verification forms that are being faxed to ODs and have eliminated the “quantity of lenses requested” from the form. This is a violation of the FCLCA and we are gathering examples to take to the FTC. If you wouldn’t mind, please send the following message out to your members.  If you do send this message out, I would suggest that you collect the forms and send us copies. It will be helpful to keep evidence of 1-800’s conduct within the market.   

Based on documentation that AOA has received, we believe that 1-800 CONTACTS is omitting required information on contact lens prescription verifications related to the quantity of lenses requested.  It appears that 1-800-CONTACTS no longer includes the quantity of lenses orders on prescription verifications.  The Fairness to Contact Lens Consumers Act (FCLCA) delineates certain requirements for prescription verifications.  The FCLCA specifically indicates:

(b) Information for verification. When seeking verification of a contact lens prescription, a seller shall provide the prescriber with the following information through direct communication:

(1) The patient's full name and address;

(2) The contact lens power, manufacturer, base curve or appropriate designation, and diameter when appropriate;

(3) The quantity of lenses ordered;

(4) The date of patient request;

(5) The date and time of verification request;

(6) The name of a contact person at the seller's company, including facsimile and telephone numbers; and

(7) If the seller opts to include the prescriber's regular business hours on Saturdays as “business hours” for purposes of paragraph (c)(3) of this section, a clear statement of the prescriber's regular Saturday business hours.

If you receive a prescription verification request that does not include the quantity of lenses ordered please email the documentation with any patient information redacted to kcwebb@aoa.org or via fax to 703-739-9497.