NEWARK (Legal Newsline) – A Jersey City man alleges he was refused his eyewear prescription information and has filed a class-action suit.
Blane Friest filed a complaint in May in the U.S. Superior Court of New Jersey - Essex County against Luxottica Group SpA, Luxottica USA LLC, Luxottica Retail North America, Inc., The United States Shoe Corp., Lenscrafters and John Does citing violation of the New Jersey Consumer Fraud Act, Truth In Consumer Contract Warranty and Notice Act and the New Jersey Antitrust Act.
According to the complaint, the plaintiff alleges that on Dec. 22, 2014, he purchased prescription eyewear from Lenscrafters. In July 2015, the plaintiff contacted Lenscrafters to ask about the pupillary distance used in the glasses that he bought, but the defendant allegedly refused to give him this information. The plaintiff holds the defendants responsible because the defendants allegedly refused to give an important piece of information to the plaintiff despite knowing about the regulation from the New Jersey Division of Consumer Affairs stating that consumers have the right to obtain vital information such as the pupillary distance from licensed ophthalmic dispensers.
The plaintiff requests a trial by jury and seeks certification of the putative class; compensatory and consequential damages; damages being trebled; attorney's fees; costs of suit; injunctive relief; and any and all further relief the court deems just and equitable. He is represented by Bruce H. Nagel of Nagel Rice LLP in Roseland, New Jersey. The defendants are represented by Porzio, Bromberg and Newman PC in Morristown.
The defendant filed to move the case to the U.S. District Court for the District of New Jersey on the grounds that the proposed class has more than 100 persons and that the amount in controversy excess $5 million.
U.S. District Court for the District of New Jersey Case number 2:16-cv-03327-SDW-LDW