LTL Attorneys secured a win for consumers in a false advertising class action against Lens.com, an online contact lens retailer accused of concealing hidden fees during online checkout. In an October 11, 2024 decision, U.S. District Judge Jennifer A. Dorsey refused to dismiss the core claims under California’s consumer protection laws, holding that the plaintiff’s allegations satisfy the state’s “reasonable consumer” standard. The lawsuit alleges that Lens.com lures customers with artificially low advertised prices for contact lenses, then adds a surprise “Processing Fee” – labeled as “taxes and fees” – at the final checkout screen. This practice can significantly increase the total cost and is not adequately disclosed upfront, which the complaint argues is deceptive.
Judge Dorsey’s ruling found that a customer could indeed be misled by the single, ambiguous disclosure of the fee, and that the complaint sufficiently pleads that Lens.com’s conduct would deceive a reasonable consumer in violation of California’s False Advertising Law and Unfair Competition Law. Notably, Lens.com had argued that because the transactions were online and the company is based out-of-state (Nevada), California’s strong consumer protection statutes should not apply. The court’s decision emphatically preserves the reach of California consumer laws to protect our client and the proposed class, even in e-commerce transactions across state lines. LTL Attorneys, working in collaboration with co-counsel in multiple states, will continue to prosecute the case to recover the hidden fees charged to consumers and to hold Lens.com accountable for its deceptive checkout scheme.