November 29, 2005
Following an advertising campaign throughout Illinois that allegedly misrepresented the actual cost of corrective laser eye surgery, a Florida company that performs the surgeries has agreed to ensure that future ads reflect the actual cost of its procedures.
Attorney General Lisa Madigans office filed a lawsuit charging Lasik Vision Institute with violations of the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Administrative Rules on Retail Advertising.
Patients considering a surgical procedure should never be swayed by deceptive advertisements or false promises, Madigan said. This settlement will provide that Lasiks future advertisements reflect the actual cost of procedures.
Madigans lawsuit contended that between June 2003 and June 2004, Lasik Vision Institute advertised surgeries for as low as $299 in newspapers statewide. After June 2004, advertisements promoted Lasik $499 per eye.
Madigans lawsuit says the ads did not adequately disclose the limitations on the advertised price, nor did they disclose the range of prices of surgeries offered and the conditions for each. As a result, may consumers ended up paying more than the advertised price.
The lawsuit also claimed that prospective patients were required to pay a $100 non-refundable deposit before learning if the lower-cost procedure was appropriate for their vision needs.
The Nidek laser procedure is a lower-cost option for corrective laser eye surgery; however, patients with certain prescriptions as well as pre-existing medical conditions, such as cataracts, diabetes and glaucoma, may not be eligible to undergo the surgery.
Finally, Madigans lawsuit alleged Lasik Vision Institute advertised that screening exams would be conducted by a doctor of ophthalmology when, in fact, the exams were conducted by doctors of optometry.
In signing the settlement agreement, Lasik agreed that all future ads will be in full compliance with Illinois law.
In addition, the company has agreed to pay a voluntary contribution of $17,500 to the Attorney General Court Ordered and Voluntary Compliance Payment Project Fund for Consumer Enforcement and Education.
