Lens.com Must Face Trimmed False Advertising Fee Class Suit

Lens.com Inc. will face a narrowed proposed class action alleging the contact lens seller deliberately concealed extra fees added to purchases made on its website.

The consumer alleged that Lens.com displays an added fee just once during the checkout process and labels that charge as “taxes and fees,” which is sufficient to pass the reasonable-consumer test under California’s false advertising and consumer laws, Judge Jennifer A. Dorsey of the US District Court for the District of Nevada ruled. Dorsey’s Oct. 11 opinion, however, held that plaintiff Adam Nail failed to sufficiently allege claims for injunctive relief, restitution, and disgorgement. ...