FTC 16 CFR Part 315 Public Workshop Examining Contact Lens Marketplace And Analyzing Proposed Changes To The Contact Lens Rule #3102

Submission Number:
C. Hendricks
Initiative Name:
FTC 16 CFR Part 315 Public Workshop Examining Contact Lens Marketplace And Analyzing Proposed Changes To The Contact Lens Rule

On March 8, 2016, 1-800CONTACTS submitted 3261 complaints to the Arizona State Board of Optometry (Board) claiming 525 doctors named in the complaints refused to comply with verification requests from the company. Mr. Keith Call, from the Rose Law Group representing 1-800CONTACTS, stated the intent of the complaints was to force compliance with the law through well-written letters of concern. The Board questioned 1-800CONTACTS authority to bring a complaint on behalf of a patient (verification with the patient found the patient was unaware of the complaint and were upset they were used by 1-800CONTACTS), before processing all the complaints. To date, the Board continues to process the complaints submitted two years ago. From September 16, 2016 and continuing into 2018, the Board held hearings on the complaints during their Board meetings. The attached document is a summary of those discussions and the Board's decisions. Out of the 3261 complaints filed, 15 Letters of Concern were issued as an indirect result of the process (i.e., recordkeeping); the rest were dismissed except for the 5 or 6 complaints still pending action. During one of the hearings, Mr. Call claimed over 48 percent of Arizona doctors don't follow the law. Nothing could be farther from the truth. Approximately 95 percent of the cases were dismissed because: the provider had complied with the request (doctor provided evidence of compliance); the patient was not the doctor's; the patient could not be identified based on the information provided; the FAX/call was never received, wrong FAX number used; or the wrong office received the FAX. At one meeting, Mr. Call stated 1-800CONTACTS did not have the actual prescriptions when the requests were made. All they had was information entered into their system by the customer, which is only the customer name and address. 1-800 Contacts feels that is sufficient identifying information to fulfill the request. This ridiculous stunt by 1-800CONTACTS pushed the Arizona Board of Optometry's budget to the point of requiring the state legislature to allocate an additional $10,000. All to perpetuate their lies about doctors of optometry not complying with their requests. Information compiled on the attached document comes directly from the approved Board minutes available on the Board's website (https://optometry.az.gov/). The dates in the attached document are hyperlinked to the official Board minutes, for verification purposes. Respectfully submitted for your consideration. C. Hendricks Alexandria, VA