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Thread: If you are an Optometrists, Optician or Ophthalmologists

  1. #1
    OptiBoardaholic CNG's Avatar
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    If you are an Optometrists, Optician or Ophthalmologists

    The public is in need of protection from on-line prescription lens vendors who prey on the unaware public about the precise measurements required for filling and dispensing of an ophthalmic lens prescription.

    It is time that you write to your National Association, State Association and state board and request action. If we all as professionals in this field complain about this issue; state boards will have to address it and possibly do it an a collective voice demanding the cease and desist. The time is NOW! If you are/were victim of this illegal dispensing of prescription eye-wear please ask immediately for a refund of your money. Do not let a discount price lure you into substandard care!

    Please do not respond to this thread unless you are an illegal online prescription eye-wear dispenser who has not supplied their name, their social security number, their business associates name, their phone number, street address and if they use USPS to deliver their merchandise to each state regulatory board of Opticianry, Optometry and Medicine where they dispense prescription eye-wear.

    We will be setting a petition site to request donations for the protection of the American public who is being prey upon and forcefully denied the access to professional dispensing services.
    Also request that your National Association serve as a coordinator among the state board to create a collective voice.

    Many of these ophthalmic prescription online vendors are in distance shores with complete disregard as to the privacy of the patient, the credit card bank compliance (effective 2010) and State and Federal tax evasion.
    Last edited by CNG; 06-09-2013 at 11:02 AM. Reason: clarification

  2. #2
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    A question: Why do you want 'relatives name & phone number'? We don't pass the sins of the son/daughter/parents onto the rest of the family in this country.

    Another question: Who is "we"?

    And another: how is the American Public being "forcefully denied access to professional dispensing services"?

    And another: how do you know that these companies are in violation of the Credit Card Bank Compliance laws?

    And another: how do you know that these companies are in violation of Federal and State tax laws?

    And another: what physical harm has been done to the American Public by these companies? How do you know they are receiving "substandard care"?

    There's a couple of issues at play here (as I see it anyway):

    1. FTC Eyeglasses I and II which changed the dynamic of purchasing eyewear to put the power in the consumer's hand. State-level restrictions fly in the face of EG I and II by restricting where a consumer can purchase their eyewear.

    2. State Rights. No state can dictate to another states residents or businesses what they can and cannot sell across state borders. While there may be a few exceptions to that, by and large, it is recognized that this is the law of the land. The sales tax issue will probably bend this definition slightly, but only with the consent of the seller. I can't see a state spending hundreds of thousands of dollars to litigate an out-of-state seller for a couple hundred dollars in sales tax revenue. Then, there is the valid "protectionism" claim. Many state opticianry board rules are designed to protect the practice and restrict it solely to state-licensed dispensers. A claim can be made that this is pure and simple protectionism, and therefore invalid under the Federal Fair-Trade statutes.

    Given these two points, I would also hazard a guess that the reason state opticianry boards (where they exist) are reluctant to pursue litigation of on-line eyewear businesses because they don't want to lose a case in federal court which would then set a precedent nation-wide. Then there are the costs associated with such a venture...does any state opticianry board have a couple of hundred thousand dollars to throw away? Let's say The Florida Board takes Big E's on-line business to federal court for violating the Florida regulations. First, does the Florida Board have deep enough pockets for that venture? Because you know that Big E will open up the checkbook and hire the most expensive attorneys it can afford and tie the court case up in knots for decades. Or, the Florida Board could opt to go after one of the smaller businesses on the theory they don't have the money to defend themselves...what would prevent Big E from filing a "Friend of the Court" brief on behalf of the on-liner? After all, its that doggone precedent issue again. I can't see Big E allowing a good chunk of income to be lost this way.

    And then, finally there is the discrepancy between the state boards' rules on dispensing. I seriously doubt that any case would stand up in court, especially if the on-liner were to present the varying definitions of "dispensing" that exist in the 50 states.

    And one final point: "don't post in this thread..." Really? Are you now the forum moderator to decide who can and cannot post in a given thread?

  3. #3
    Master OptiBoarder optical24/7's Avatar
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    CNG, I guess you didn't read what I posted in your other thread. For starters, read this from the FTC when NC wanted to restrict internet eye wear in their state. It pretty much sums up how our federal government feel about the subject;

    http://www.ftc.gov/os/2011/01/1101ncopticiansletter.pdf

    As I said before, be careful what you push for, you may find deregulation in your future, like BC Canada. (Which may be a better thing to wish for.)

    And one last time....You already have low cost competition around you selling for close to if not the same price as internuters already! If price is your prime competition, you've lost already.

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    Quote Originally Posted by optical24/7 View Post
    CNG, I guess you didn't read what I posted in your other thread. For starters, read this from the FTC when NC wanted to restrict internet eye wear in their state. It pretty much sums up how our federal government feel about the subject;

    http://www.ftc.gov/os/2011/01/1101ncopticiansletter.pdf

    As I said before, be careful what you push for, you may find deregulation in your future, like BC Canada. (Which may be a better thing to wish for.)

    And one last time....You already have low cost competition around you selling for close to if not the same price as internuters already! If price is your prime competition, you've lost already.
    And that's pretty much the conclusion I addressed above. Interesting, because I hadn't read that particular letter. Thanks!

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