Legal Question in Consumer Law in Virginia

ConsumerRights

I recently went to an optometry store and had a eyeglass/contact lens exam as advertised in a special that came in the mail ($99). I was told the special applied to certain contacts only and I did not qualify for that particular lens. However, the temporary lenses given to me by the store later are those described in the ad. The store has refused to give me my prescriptions and I felt obligated to purchase eyewear from them as a result. I've found out since that the eyewear is far more expensive (255) than other places(and the prescription is wrong too. A month after the exam and placing my order, I have not yet received the merchandise. Complaints to the General Area Manager have been ignored and the store refused to issue a refund. I was told I had to request a refund through corporate headquarters which could take up to 6 weeks. Meanwhile my credit card has been charged and I need the lenses desperately.

Additionaly, the store employee at the time of my exam was very belittling in nature (using terms such as ''Dearie and Sweetie) and physically steered me by my shoulders around the store. When I asked him to get his hands off me he became apologetic but I still feel the behavior was quite inappropriate. What can I do?


Asked on 3/04/07, 1:05 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: ConsumerRights

You could send your request as you were told for a refund to the corporate headquaters, and, in the meantime file your case in small claims court for the losses which you believe that you've incurred as a result of this faulty transaction and for which you yourself bear none of the blame.

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Answered on 3/04/07, 2:38 pm


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