WASHINGTON, D.C. — The Federal Trade Commission (FTC) has issued 37 warning letters to contact lens prescribers, notifying them of potential noncompliance with the Contact Lens Rule. Additionally, the FTC has concluded its investigation into Spectrum Vision Partners, LLC, regarding potential violations of both the Contact Lens Rule and the Eyeglass Rule, although a cautionary letter has been sent urging the company to uphold regulatory compliance.
Regulatory Compliance Under Scrutiny
The Contact Lens Rule mandates that prescribers provide patients with a copy of their contact lens prescription as soon as a fitting is completed. Similarly, the Eyeglass Rule requires prescribers to furnish a prescription immediately after an eye exam. Under these rules, patients cannot be charged additional fees for their prescriptions, nor can prescribers mandate purchases of eyewear or contact lenses as a condition for receiving an exam or prescription.
The FTC emphasized that any violations of these rules could result in significant penalties. Specifically, fines may reach up to $53,088 per infraction.
“These letters are based on consumer complaints,” the FTC clarified, noting that they do not amount to formal determinations of noncompliance. However, the agency warned recipients that failure to adhere to these rules could lead to legal action, including administrative subpoenas and financial penalties.
Spectrum Vision Partners Investigation
Spectrum Vision Partners became the subject of a probe following allegations that some of its managed vision centers were charging patients additional fees for obtaining copies of their prescriptions. The FTC concluded its investigation but warned Spectrum to maintain compliance with federal regulations moving forward.
While prescribers can legally charge fees for refractive eye exams, imposing fees solely on patients who request copies of their prescriptions is considered a violation of the Eyeglass Rule. Such practices, according to the FTC, are tantamount to charging for prescriptions themselves, which is prohibited.
Consumer Protections
The FTC’s Bureau of Consumer Protection oversees enforcement of the Contact Lens Rule and the Eyeglass Rule. Alysa Bernstein, a lead staff attorney with the agency, is managing the enforcement efforts related to these violations.
For patients, these rules exist to ensure they receive their prescriptions without undue financial or procedural barriers, enabling them to shop for eyewear and contact lenses freely. Prescribers and practices are being reminded of their responsibilities under the law, with the FTC signaling its intent to hold violators accountable.
The FTC provides guidance to help prescribers follow the Rules. Check out The Contact Lens Rule: A Guide for Prescribers and Sellers and Complying with the Eyeglass Rule. Consumers can also learn about their rights under federal law here: Buying Prescription Glasses or Contact Lenses, Your Rights.
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