MyEyeDr. Slammed with Class Action Over Alleged Robocalls

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My Eye Dr. Optometrists, LLC and Capital Vision Services, LLC have placed unlawful, automated telemarketing calls to consumers’ cell phones without securing prior express consent to do so and despite requests that the calls cease, a proposed class action alleges.

The 10-page lawsuit claims MyEyeDr., a Virginia-based eyewear company that operates more than 500 vision care centers across the U.S., has employed an “aggressive telemarketing campaign” through which the defendants have repeatedly called consumers’ cell phones through the use of an artificial or prerecorded voice to market their services and sell eyeglasses.

Per the suit, MyEyeDr. has overstepped the Telephone Consumer Protection Act (TCPA), a law that prohibits entities from placing non-emergency telemarketing calls by way of an artificial or prerecorded voice without securing recipients’ prior express consent to be contacted. The plaintiff in the case, a Broadview, Illinois resident, claims she has received several unlawful calls from the defendants over the past four years despite having never consented to be contacted and repeatedly requesting that the calls stop.

According to the suit, the voicemails left on the plaintiff’s cell phone featured a “prerecorded and/or artificial female robotic-sounding voice” that stated that the messages were from “MyEyeDr.,” and that “according to our records, it’s time for your next eye exam,” before demanding that the plaintiff “call us today to schedule your appointment or visit us online at myeyedr.com.”

The plaintiff, in August 2020 after receiving several messages, called MyEyeDr. at the telephone numbers 708-524-2020 and 888-414-4442 and requested that the company stop calling her cell phone, the lawsuit says. Despite her requests, the defendants continued to place telemarketing calls to the plaintiff’s cell phone and left at least one more identical voicemail in March 2021, the lawsuit alleges.

The case argues that the defendants’ calls “directly interfered” with the plaintiff’s ability to enjoy a service she paid for and caused the woman “a significant amount of anxiety, frustration, annoyance, and anger.”

According to the lawsuit, the defendants have placed similar allegedly unlawful telemarketing calls to “several thousands” of other consumers in direct violation of the TCPA.

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