posted August 12, 2009 06:59 PM
Missouri must protect the public and regulate Opticians and others dispensing prescription eyeglasses.
A most dangerous and absurd statute needs changed. We regulate many things in MO from massage therapists to athletic announcers to funeral directors and many others in between each of those. However, it appears anyone can set up a store, shop to sell prescription eyeglasses without any regulation whatsoever and when they botch the fitting of those much needed eyeglasses, misrepresent what was purchased the consumer/victim can be left suffering without properly fitting eyeglasses nor the money they gave to the cons dispensing bad eyeglasses. Who will stop them?
August 28, 2008
Persons exempt from operation of law.
336.120. The following persons, firms and corporations are exempt from the operation of the provisions of this chapter except the provisions of section 336.200:
(1) Physicians or surgeons of any school lawfully entitled to practice in this state;
(2) Persons, firms and corporations, not engaged in the practice of optometry, who sell eyeglasses or spectacles in a store, shop or other permanently established place of business on prescription from persons authorized under the laws of this state to practice either optometry or medicine and surgery;
(3) Persons, firms and corporations who manufacture or deal in eyeglasses or spectacles in a store, shop or other permanently established place of business, and who neither practice nor attempt to practice optometry, and who do not use a trial case, trial frame, test card other than that used by the customer or customers alone, vending machine or other mechanical means to assist the customer in selecting glasses.
(RSMo 1939 § 10114, A.L. 1947 V. I p. 414)
Prior revision: 1929 § 13502
This law has also invited out of state companies to team with storefronts of some MO businesses, including some optometrists to provide bad products endangering the eyesight of consumers.
Here’s my story and I feel certain I am not the first victim nor will I be the last unless this matter is changed ASAP---
April 28, 2009 I appeared in person at Payless Optical, Springfield, MO because a lens had fallen out of the prescription eyeglasses I had purchased from them in 2006. Payless Optical’s in house optometrist, Dr. MacLaren, checked my eyeglasses and stated “they are shot” and could not be properly repaired. I paid him for a new exam (which the prescription only changed slightly) and presented a coupon that I had received from them in the mail to Payless Optical desk. Although they refused the coupon stating my prescription was not covered (even though the coupon looked as though it should have been a savings) I proceeded to order new eyeglasses, they measured me for them, and stated they would call within week to ten days.
Fourteen days later I still had not heard from them and was suffering tremendously with the old eyeglasses totally out of alignment, extremely fragile, and improperly on my face. I e mailed what I thought was Payless Optical in Springfield, MO and the response came from an Adam Sandman, who I assumed was in Springfield, MO. For some unexplained reason he responded stating I had not ordered scratchgard, which I most certainly had ordered and paid extra for. Sandman then suddenly said they would not be doing business with me and I would be sent a check refund sometime within the next two weeks. An attorney I work for then intervened and Sandman backed off and said the glasses were ready for pickup and had the scratchgard. I appeared in person and picked them up on May 19, 2009, but told optician Lowe at the time they did not seem to fit right. I soon realized they were grossly misfit, had blurs on the lens, blind spot on the sides of the frames, and the lens did not change to sunglasses like I had been told they would be “like the ones you have”. I had to move my computer screen up several inches in order to read anything on screen. I spent one whole afternoon in the sun trying to get them to change over and had to accept I had been lied to. I wore them eight miserable days and the headaches were so severe and I was so fearful of falling I had to quit wearing them.
Optician, manager, Harry Lowe, of Payless Optical at first said he would refund my money and would even pay for at least part of another trip to Springfield from El Dorado Springs, MO. Before that could be accomplished Adam Sandman again took over and stopped what I had assumed would have been a cash refund. Adam Sandman, come to find out, is from Port Washington, NY and a company called Ophthalmic Management Company. (Why he has interfered with my doing business with Dr. MacLaren and Payless Optical I have no idea.) THEN I was sent a fax that a check made out to a name other than mine was in Springfield, MO from Ophthalmic Management Company of Omaha, Nebraska and a Harlan Rips. (It should be noted none of these companies appear to be registered with the Missouri Secretary of State, including Payless Optical of Springfield, MO.) When I asked for Payless Optical to cash the out of state check, made out to someone besides myself, and give me the cash upon return of the bogus glasses they refused. THEN the check got changed as being from US Optical and made out to my name, but from a private bank in Omaha, Nebraska. (I consider those checks as worthless as a Nigerian scam since I did not knowingly do business with any out of state companies nor should I as the victim have to extend an out of state company credit to obtain a refund for Payless Optical‘s malpractice, lies. If the check were valid why wouldn’t Payless Optical cash it?)
I found the 2006 receipt and comparing the measurements to the 2009 receipt it is quite evident they measured wrong, not to mention they lied and claimed they sold me glasses that would change over to sunglasses in the sunlight.
After weeks of my requesting the name of Harry Lowe and Dr. MacLaren’s malpractice, errors/omissions insurance US Optical filed a claim with The Hartford and another month was waste pretending they were insured if I’d just drive to Springfield at my expense and let them inspect the glasses and if I would go to doctor or doctors and obtain proof of my headaches, eyestrain, stress, etc. THEN The Hartford said they were not even insured for anything related to this.
To get out of all complaints I made against them Adam Sandman overwhelmed all entities, agencies with over fifty pages of so called documentation, including information marked confidential and my attempts to communicate with Dr. MacLaren, which they appear to have stopped all such commuications before they got to the optometrist.
They still have my money and I have nothing usable.
(It should be noted they do provide and have people read from a “test card” which appears to be prohibited by MO statute. But, there appears to be no teeth in MO statutes to do anything to stop such incompetency, deception, fraud, malpractice. Although one’s eyesight is vital to life itself and Payless Optical and associates and all entities, agencies that have done nothing to stop them have destroyed my qualify of life all spring and thus far summer it appears opticians and even their out of state comrades can do whatever and get by with it.)
How many people do we have without eyeglasses due to nonsense like this mess? How many others are wearing glasses that do not fit and therefore end up in wrecks, falls, or other mishaps or are at high risk for such? How can it be that those that can improve or destroy eyesight by their actions, is not at least equally important to the other things regulated by the State of Missouri?