Visionworks Class Action Says BOGO Free Eyeglasses Deal is Bogus

A Florida consumer is challenging Visionworks’ practice of offering “Buy One, Get One Free” or BOGO-Free deals for eyeglasses, saying the customers do not receive anything for free and pay more than the regular price for a single pair of glasses.

Headquartered in San Antonio, Visionworks is the third largest eyeglasses retailer, with over 700 locations across the country, mainly in strip malls.

Plaintiff Jennifer Mora contends that Visionworks deceptively uses the word “free” in its BOGO offers but instead actually marks up the price of the first pair of eyeglasses that consumers have to purchase to get the BOGO-Free deal. In fact, the Visionworks BOGO class action lawsuit states the company prices single pairs of eyeglasses at 40 percent less than the BOGO-Free price.

Specifically, when Mora took advantage of Visionworks BOGO free eyeglasses deal in May 2015 paying $628 for a pair of glasses, she had no idea she would actually be overpaying by $251.00. The $628 price for a single pair of eyeglasses was not Visionworks “ordinary and usual” price. Rather, the “ordinary and usual” price was actually 40 percent less than what Mora paid.

Mora also details she was duped by Visionworks a second time in June 2015 when she made a second BOGO free purchase for $669.93. As with her first purchase, this price was inflated to the tune of $268. At the time of both transactions, she had no idea about Visionworks alleged deceptive advertising tactics and only discovered the deception after she had already made her purchases.

“Visionworks unlawfully conducted its BOGO sales program with the express intent of misrepresenting the true costs of a set of eyeglasses in order to entice consumers to purchase a second pair and recoup additional profit,” the complaint states, “Visionworks accomplished this goal by inflating the price of the first pair of eyeglasses by approximately 40%.”

Sadly, this is not the first time Visionworks has been under fire for their alleged deceptive BOGO-Free deals. Since 2013, the national retail optical chain has been embroiled in litigation in Ohio and Illinois. These cases were both settled last year for $4.2 million. Yet, despite these settlements, Visionworks has continued to use the word “free” in their BOGO advertising – practices which the Federal Trade Commission (FTC) declares unfair and deceptive.

Mora is seeking to represent a Class of Florida consumers who purchased eyeglasses from Visionworks pursuant to a “Buy One, Get One Free” offer since 2013. The Visionworks BOGO Free eyeglasses class action lawsuit is seeking actual and punitive damages, as well, as injunctive relief.

Mora and the proposed Class are represented by Brian W. Warwick and Janet R. Varnell of Varnell & Warwick PA; Drew Legando, Jack Landskroner, and Tom Merriman of Landskroner Grieco Merriman LLC; and Mark Schlachet.

The Visionworks BOGO Free Eyeglasses Class Action Lawsuit is Jennifer Mora, et al. v. Visionworks of America Inc., Case No. 8:18-cv-00335-RAL-JSS, in the U.S. District Court for the Middle District of Florida, Tampa Division.

FascialBlaster Class Action Lawsuit Says Cellulite-Reducing Tool Causes Serious Injury

Consumers are blasting a popular beauty product for allegedly falsely marketing its aesthetic benefits, including the ability to reduce cellulite, saying the product fails to deliver the results guaranteed in its marketing and instead causes extreme physical injury.

The FascialBlaster, designed and manufactured by Ashley Black and sells for $89, is a rod with handles on each end and rounded spikes in the middle. It is marketed as “safe” treatment tool that will allow consumers to “Take control of your body and health trajectory today!” Specifically, the product claims to be the only tool on the market that opens the fascia at the deep layers and breaks up fascial adhesions anywhere on the body.

According to the products claims, consumers who regularly use the FascialBlaster can expect to experience not only reduced pain but “improved flexibility, joint function, circulation, muscle definition and performance, nerve activity, posture, and enhanced beauty including the virtual elimination of CELLULITE.”

But plaintiff Sharon Dalton says these purported benefits are bogus, prompting her to file the FascialBlaster class action lawsuit. Dalton purchased two FascialBlasters in 2016 via Ashley Black’s website, relying on the representations made about the benefits of the anti-aging product. However, after using the FascialBlaster as directed, she never received the claimed benefits, but instead was left with bruising and pain as a result of using the FascialBlaster.

Other named plaintiffs have joined Dalton in the deceptive marketing FascialBlaster class action lawsuit, detailing similar harmful and dangerous experiences with the product. Each named plaintiff says they were deceived by the marketing tactics employed by Ashley Black, including the company’s website on which the front page clearly states the use of the FascialBlaster “lessens the look of cellulite”, “Improves blood flow”, “Helps reduce pain”, and “accelerates muscle recovery”. These claims are reportedly repeated throughout the Ashley Black website.

However, according to the FascialBlaster class action lawsuit, there is no competent and reliable scientific evidence to support any of these so-called benefits. Instead, the plaintiffs agree that the FascialBlaster’s only effect is that it caused them pain and serious bodily harm. Some consumers claim their physical injuries extend to extreme hormonal instability, stroke, and cardiovascular problems.

In fact, to use the FascialBlaster, users are instructed to “forcefully rub the spikes into their bodies after “Getting Hot!!!” and slathering themselves with oil. Users are always advised not to concern themselves with the pain they are experiencing, noting that “FascialBlasting can be a little painful at first…”

Still despite these warnings, Dalton and the other named plaintiffs say they got more pain and bruising then they bargained for. The 71-page complaint includes graphic pictures detailing the excessive bruising allegedly caused by the use of the FascialBlaster.

Dalton and the other named plaintiffs are seeking to represent a certified nationwide Class of consumers who purchased the FascialBlaster during the applicable class period. The FascialBlaster class action lawsuit is requesting monetary damages, including treble and punitive damages along with an injunction preventing Ashley Black from continuing to sell the FascialBlaster.

Dalton and the proposed Class are represented by David R. Shoop and Thomas S. Alch of Shoop, A Professsional Law Corporation; Jason P. Sultzer, Adam Gonnelli, and Jeremy Francis of The Sultzer Law Group PC; Bonner C. Walsh of Walsh PLLC; and Jeffrey Brown of Leeds Brown Law PC

The FascialBlaster Class Action Lawsuit is Sharon Dalton et al. v. Ashley Black Company, et al., Case No. 2:18-cv-00582, in the U.S. District Court for the Central District of California.