August 1, 2023
A proposed class of eyeglass wearers is asking a New York federal court to grant preliminary approval of a $39 million settlement to end a suit alleging LensCrafters misled consumers by advertising that its AccuFit Digital Measurement System was five times more accurate than competitors, having reached the agreement less than two weeks before trial.
In a motion filed Monday, the proposed class, led by Thomas Allegra, urged the court to give the go-ahead on the deal with Luxottica Retail North America, which does business as LensCrafters, and bring an end to nearly six years of litigation over the measurement system.
The trial had been scheduled to begin on July 10 but was called off after the parties alerted the court they had finalized a settlement agreement and entered into that agreement on June 27.
In the suit, the proposed class had alleged that LensCrafters had charged a premium for eyeglasses made with the AccuFit system, having advertised that the system allows for more accurate measurements of the distance between a customer’s pupils to within a tenth of a millimeter, and thus the glasses have greater precision than those offered by other companies.
The class claimed, however, that even if the AccuFit system could produce such precise measurements, when it came to actually manufacturing glasses, LensCrafters was still using decades-old technology that could only use measurements of a full millimeter.
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The proposed class is represented by Geoffrey A. Graber, Andrew N. Friedman, Brian E. Johnson, Claire Torchiana and Theodore J. Leopold of Cohen Milstein Sellers & Toll PLLC.
Read LensCrafters Reaches $39M Deal To End AccuFit False Ad Suit.