FTC Sends Warning Letters to Prescribers Regarding Possible Violations of the Contact Lens Rule

Staff of the Federal Trade Commission sent 37 letters to contact lens prescribers warning them of potential violations of the agency’s Contact Lens Rule. Staff also sent a letter to Spectrum Vision Partners, LLC, stating that the FTC is closing its investigation of the company’s potential violations of the Eyeglass Rule and Contact Lens Rule, but warning Spectrum to remain in compliance with the Rules.

The Contact Lens Rule requires prescribers to give patients a copy of their prescription at the end of a fitting. The Eyeglass Rule requires prescribers to give patients a copy of their prescription after completing any refractive eye examination. Under both rules, prescribers are prohibited from charging additional fees or requiring a signed waiver for releasing prescriptions. The Rules also prohibit prescribers from requiring a patient to buy contact lenses or eyeglasses from them and prohibit refusing to perform an eye exam unless the patient buys contact lenses or eyeglasses from them.

The 37 letters were based on consumer complaints and are not formal determinations that the recipients have violated the Contact Lens Rule or the Eyeglass Rule. The letters informed prescribers of their obligations under the Rules and warned them that violations of either Rule may result in legal action, including the issuance of administrative subpoenas and civil penalties of up to $53,088 per violation.

The letter to Spectrum follows an investigation sparked by consumer complaints that vision centers managed by Spectrum were charging patients an additional fee for releasing prescriptions. The fee was not charged if patients had a refractive exam but did not want a copy of their prescription.

Prescribers may charge fees for refractive eye exams. However, if they are performing refractive eye exams and charging fees only to patients who want their prescriptions, that amounts to charging for prescriptions and is a violation of the Eyeglass Rule.

The FTC has staff guidance to assist prescribers in complying with the Rules. See: The Contact Lens Rule: A Guide for Prescribers and Sellers and Complying with the Eyeglass Rule. In addition, the FTC has information to help consumers understand their rights under federal law. See: Buying Prescription Glasses or Contact Lenses, Your Rights.

The lead staff attorney on this matter is Alysa Bernstein in the FTC’s Bureau of Consumer Protection.