Jim
Did not verify prescription as Required by Law
This is the second time I've ordered. I mistakenly ordered -3.75 & -4.00 instead of +3.75 & +4.00. My doctor indicated that he never received a confirmation request. Contact Lens King claims they faxed it and did not receive a response and that the law allows them to send the order if they do not get a response in 8-hours. This is DEAD WRONG. The law requires them to either confirm the prescription with the prescriber or obtain a copy of the actual prescription from the patient. They did not contact me to obtain a copy of the prescription and sent the wrong ones. To make matters worse, when asked about comparing previous orders, the representative stated that they do not check previous orders because prescriptions can change. I pointed out that while a prescription may change somewhat, it is not likely to change from -3.75 to a +3.75 and that would indicate that a mistake is obvious. She just reiterated that they do not look at previous orders. All in all, because they did not follow the law and require a copy of the prescription to be sent prior to sending the lenses, I'm now out a lot of money because they won't accept opened boxes for return. RESPONSE TO CONTACT LENS KING's comment: Congress enacted the Fairness to Contact Lens Consumers Act, and pursuant to the Act, the Commission (FTC) promulgated the Contact Lens Rule which mandates that sellers dispense contact lenses only in accordance with a valid prescription that is either presented to the seller or verified by direct communication with the prescriber. FTC specifically states: Sellers must not: fill a contact lens prescription unless the seller has either received a copy of the prescription or verified the prescription as required by the Rule. To CLARIFY, if the seller does not verify the prescription with the prescriber, the seller must receive a copy of the prescription. Contact Lens King does NOT follow the LAW and sent out the wrong prescription because they did not VERIFY the prescription as required by law. When they did not get a response from the prescriber (who claims they never received such request), CLK did not contact me to request a copy of the prescription. - - - - - - - - - - - - - RESPONSE TO CLK's 2nd REPLY You have only quoted ONE part of the law. You have entirely missed the REST OF THE LAW. Once again, the law requires you to EITHER verify the prescription with the prescriber OR require a COPY OF THE PRESCRIPTION. Hence, you have NOT PROPERLY COMPLIED WITH THE LAW. If you wish to continue to proclaim that I don't know what I'm talking about, perhaps I just need to file a complaint with the FTC and they can "explain" it to you. Such things may cost you more than a competent attorney and the cost of a few boxes of contact lenses that you did not verify were the proper prescription in accordance with the law. (www)federalregister(.gov)/d/2016-28471/p-66 In addition, from the FTC website that Contact Lens King referenced in their response, it SPECIFICALLY states: "Sellers must not: fill a contact lens prescription unless the seller has either received a copy of the prescription or verified the prescription as required by the Rule"
Response from Contact Lens King Inc.Sep 23, 2019
Good afternoon Jim, I am sorry to hear about your most recent experience with us and understand how frustrating it can be to receive the wrong product. Contact Lens King follows the requirements stipulated within the "The Fairness to Contact Lens Consumers Act" and sends the eye doctor a request for the confirmation of the prescription information. Unfortunately according to the law, a prescription is only verified if the prescriber fails to communicate with the seller within “eight-business-hours” of receiving a complete verification request. In these cases, if the prescriber fails to validate the prescription within the allotted time, the order will be processed using the prescription that was provided. It is also important to note that under our return policy a customer may return items within 30 days of purchase provided that they are unopened (box is sealed), undamaged and in original condition without any exterior markings of any sort (check marks, indicators for right or left, etc.). Below are the links to both our return policy and to the "The Fairness to Contact Lens Consumers Act". If you have any further questions please feel free to contact us. Thank-you. https://www.contactlensking.com/returnpolicy.aspx https://www.ftc.gov/tips-advice/business-center/guidance/contact-lens-rule-guide-prescribers-sellers ========================================================== RESPONSE TO JIM'S COMMENT: Please refer to the third condition within section D "Verification events". It states the following: "A prescription is verified under this chapter only if one of the following occurs: (1) The prescriber confirms the prescription is accurate by direct communication with the seller. (2) The prescriber informs the seller that the prescription is inaccurate and provides the accurate prescription. (3) The prescriber fails to communicate with the seller within 8 business hours, or a similar time as defined by the Federal Trade Commission, after receiving from the seller the information described in subsection (c)." Below you will find government links detailing the "The Fairness to Contact Lens Consumers Act". If you have any further questions please feel free to contact us. Thank-you. https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-chapter102&edition=prelim https://www.ftc.gov/enforcement/statutes/fairness-contact-lens-consumers-act https://www.congress.gov/108/plaws/publ164/PLAW-108publ164.pdf