1. What is the lawsuit about?

    This multidistrict antitrust litigation was centralized before this Court on June 10, 2015, by order of the United States Judicial Panel on Multidistrict Litigation (“MDL Panel”) (ECF No. 1; Transfer Order). It arises out of minimum retail pricing policies adopted by contact lenses manufacturers starting in June 2013 with regard to the distribution and sale of certain contact lenses. These policies were referred to as “Unilateral Pricing Policies” (“UPP”) by the Defendants. The operative complaint, filed on March 1, 2017, alleges that the Defendants used the UPPs to restrain competition from discount and online stores on consumer prices in the retail market for disposable contact lenses. The safety and effectiveness of contact lenses manufactured by the Defendants are not at issue in this litigation.

    The Class Representatives allege claims for violations of:

    1. The United States Sherman Act, 15 U.S.C. §§ 1 and 3;
    2. The California Cartwright Act, Cal. Bus. & Prof. Code §§ 16720, et seq.;
    3. The Maryland Antitrust Act, Md. Com. Law §§ 11-201, et seq.;
    4. The California Unfair Competition Law, Cal. Bus. & Prof Code §§ 17200, et seq.; and
    5. The Maryland Consumer Protection Act, Md. Com. Law §§ 13-301, et seq.

    A settlement was reached with Alcon for $20 million on March 23,2022. On May 9, 2022, the Court preliminarily approved that settlement. (ECF No. 1343).

    A settlement was reached with JJVCI for $55 million on March 27, 2022. On May 9, 2022, the Court preliminarily approved that settlement. (ECF No. 1343).

    A settlement was reached with CVI for $3 million on August 30, 2017 (the “CVI Settlement”), and the Court preliminarily approved that settlement on July 10, 2018 (ECF No. 841). The Court provided final approval of the CVI settlement on March 4, 2020 (ECF No. 1164).

    A settlement was reached with B&L for $10 million on August 19, 2019 (the “B&L Settlement”), and the Court preliminarily approved that settlement on October 8, 2019 (ECF No. 1046), and the Court granted final approval of the B+L settlement on March 4, 2020 (ECF No. 1164).

    The Court certified the Litigation Classes on December 4, 2018 (ECF No. 940) and the last of Defendants’ requests for interlocutory appellate review was denied by the United States Court of Appeals for the Eleventh Circuit on June 20, 2019. The Court subsequently issued a Notice apprising consumers of the CVI and B&L Settlements and its certification of the Litigation Classes.

    This website and the Notice is now being issued because Defendants, Alcon and JJVCI recently reached settlements, and the Court preliminarily approved those settlements on May 9, 2022 (ECF 1343).

    Please note that this FAQ does not describe all of the claims and defenses asserted by the Class Representatives. To review the full operative Complaint, click here.

    To view a copy of the Notice, click here.

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  2. Who are the Defendants, why are there settlements, and why is there ongoing litigation?

    The settling Defendants are Alcon and JJVCI. ABB, B&L, and CVI previously settled this action. With these two settlements, all Defendants have settled, and if the Court approves the Alcon and JJVCI Settlements, the litigation will be fully and finally resolved.

    The Court has not decided any issue on the merits in favor of the Class Representatives, Alcon, or JJVCI. Instead, the Class Representatives, Alcon and, separately, JJVCI, engaged in lengthy negotiations and have agreed to two separate Settlements. By agreeing to settle, the parties avoid the costs and uncertainty of a trial, and the Settlement Class Members affected will get a chance to receive compensation. The Class Representatives and their attorneys believe the Settlements are best for all members of the Settlement Classes. The proposed Settlements do not mean that any law was broken or that Alcon or JJVCI did anything wrong.

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  3. Who are the Class Representatives?

    In a class action, one or more people called “Class Representatives” sue on behalf of themselves and other people with similar claims. All of these people together are the “class” or “class members.” The Class Representatives are: Rachel Berg, Alexis Ito, Miriam Pardoll, Jennifer Sineni, Joseph Felson, Tamara O’Brien, Susan Gordon, Catherine Dingle, Elyse Ulino, Amanda Cunha, Sheryl Marean, Brett Watson, Kathleen Schirf, Cora Beth Smith, and John Machikawa. Class actions avoid the necessity of each member of a class having to file his, her, or its own separate lawsuit to obtain relief. Class actions are used to decide legal and factual issues that are common to all members of a class, and one court resolves the issues for all class members, except for those who exclude themselves from the class(es).

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  4. What are the Classes?

    Alcon and JJVCI Settlements:


    By Order dated May 9, 2022, the Court preliminarily certified the following Settlement Class for both the Alcon Settlement and the JJVCI Settlement:

    All persons and entities residing in the United States who made retail purchases of disposable contact lenses manufactured by Alcon, JJVCI, CVI, or B&L during the Settlement Class Period for their own use and not for resale, where the prices for such contact lenses were subject to a “Unilateral Pricing Policy” and the purchase occurred during the period when the Unilateral Pricing Policy was in effect.

    Excluded from the Settlement Class are any purchases from l-800 Contacts of disposable contact lenses subject to B&L’s Unilateral Pricing Policy, where the purchase occurred on or after July 1, 2015. Also excluded from the Settlement Class are Defendants, their parent companies, subsidiaries and affiliates, any alleged co-conspirators, all governmental entities, and any judges or justices assigned to hear any aspect of this action.

    The Settlement Class Period is from June 1, 2013 to December 4, 2018.

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  5. Am I a member of one or more of the Classes?

    You are a member of one or more of the Classes if you purchased disposable contact lenses manufactured by one of the Defendant Manufacturers for your personal use (i.e., not for resale), the purchase(s) occurred during the period when the Unilateral Pricing Policy, or UPP, was in effect, and those disposable contact lenses were subject to a UPP.

    You are not a member of any of the Classes if you purchased disposable contact lenses:

    1. Manufactured by a company other than the named Defendants;
    2. For resale;
    3. That were not subject to a UPP; or
    4. At a period when the UPP was not in effect.

    You are also not a member of any of the Classes if you are:

    1. One of the Defendants, their parent companies, subsidiaries or affiliates, or an alleged co-conspirator;
    2. A governmental entity;
    3. Counsel for the parties; or
    4. A judge or justice assigned to hear any aspect of this Action.

    The disposable contact lenses that were subject to the UPPs, and the period during which each UPP was in effect, are set forth below.

    Lastly, you are not a member of the Settlement Classes if you purchased disposable contact lenses (a) manufactured by a company other than the named Defendants, (b) for resale, (c) that were not subject to a UPP, or (d) at a period when the UPP was not in effect. You are also not a member of any of the Classes if you are (i) one of the Defendants, their parent companies, subsidiaries or affiliates, or an alleged co-conspirator, (ii) a governmental entity, (iii) counsel for the parties, or (iv) a judge or justice assigned to hear any aspect of this Action.

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  6. What disposable contact lenses were subject to the UPPs?

    The disposable contact lenses that were subject to the UPPs, and the period during which each UPP was in effect, are set forth below:

    Contact Lens Type UPP Price Time Period in Effect
    Alcon
    Air Optix Colors 2 Pack: $30.00 June 2015 – December 2016
    6 Pack: $84.00 April 2014 - December 2016
    Dailies AquaComfort Plus Multifocal 30 Pack: $39.00 January 2014 - December 2016
    90 Pack: $89.00
    Dailies AquaComfort Plus Toric 30 Pack: $34.00 January 2014 - December 2016
    90 Pack: $79.00
    Dailies Total 1 30 Pack: $39.00 June 2013 - December 2016
    90 Pack: $95.00
    Dailies Total 1 Multifocal 30 Pack: $50.00 July 2016 - December 2016
    90 Pack: $124.00
    B&L*
    BioTrue ONEday for Presbyopia 30 Pack: $33.00 June 2014 - February 2017
    90 Pack: $89.00 December 2016 - February 2017
    Ultra 6 Pack: $60.00 February 2014 - February 2017
    Ultra for Presbyopia 6 Pack: $85.00 March 2016 - February 2017
    CVI
    Biofinity Energys 6 Pack: $60.00 July 2016 - December 2017
    Biofinity XR Toric 6 Pack: $140.00 January 2016 - March 2017
    Clariti 1 Day 90 Pack: $65.00 January 2014 - March 2017
    Clariti 1 Day Multifocal 30 Pack: $39.00 January 2014 - March 2017
    90 Pack: $89.00
    Clariti 1 Day Toric 30 Pack: $34.00 January 2014 - March 2017
    90 Pack: $79.00
    MyDay 90 Pack: $85.00 June 2015 - March 2017
    180 Pack: $149.00
    JJVCI
    1-Day Acuvue Define 30 Pack: $40.00 March 2015 - April 2016
    90 Pack: $94.00
    1-Day Acuvue Moist 30 Pack: $33.00 August 2014 - April 2016
    90 Pack: $63.50 - $66.00
    720 Pack: $450.00 - $460.00 November 2014 - April 2016
    1-Day Acuvue Moist for Astigmatism 30 Pack: $34.50 - $36.00 August 2014 - April 2016
    90 Pack: $82.50 - $85.50 October 2014 - April 2016
    720 Pack: $600.00 June 2015 - April 2016
    1-Day Acuvue Moist Multifocal 30 Pack: $45.00 May 2015 - April 2016
    90 Pack: $99.00
    1-Day Acuvue TruEye 90 Pack: $82.50 August 2014 - April 2016
    720 Pack: $610.00 November 2014 - April 2016
    Acuvue Oasys for Astigmatism 6 Pack: $40.00 - $41.50 August 2014 - April 2016
    48 Pack: $270.00 - $280.00 June 2015 - April 2016
    Acuvue Oasys for Presbyopia 6 Pack: $40.00 - $41.50 August 2014 - April 2016
    Acuvue Oasys with Hydraclear 6 Pack: $36.00 October 2014 - April 2016
    12 Pack: $67.50 - $70.00 July 2014 - April 2016
    24 Pack: $110 - $114.50 August 2014 - April 2016
    54 Pack: $210.00 - $218.00
    Acuvue Oasys with Hydraluxe
    (a/k/a 1-Day Acuvue Oasys)
    90 Pack: $88.50 August 2015 - April 2016

    * Note: Excluded from the B&L Class are any purchases from 1-800-Contacts of disposable contact lenses subject to B&L’s Unilateral Pricing Policy, where the purchase occurred on or after July 1, 2015.

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  7. What if I am not sure I am part of the Classes?

    If you are not sure whether you are included in the Settlement Classes, you may call 1-877-253-3649 with questions. You may also write with questions to Disposable Contact Lens Settlement Administrator, P.O. Box 2995, Portland, OR 97208-2995 or email info@ContactLensSettlement.com.

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  8. What is the overview of the litigation to date?

    On October 7, 2015, the Court granted Class Representatives’ motion appointing Hausfeld LLP, Scott+Scott Attorneys at Law LLP, and Robins Kaplan LLP as interim lead counsel. (ECF No. 116).

    On November 23, 2015, Lead Counsel, on behalf of Class Representatives, filed the Consolidated Class Action Complaint (“Consolidated Complaint”).

    On December 23, 2015, Defendants filed their Motion to Dismiss the Consolidated Complaint. (ECF No. 146). Following briefing and oral argument, the Court denied Defendants’ motion. (ECF Nos. 185, 190). On July 27, 2016, Defendants filed their Answers and Affirmative Defenses. (ECF Nos. 266-70).

    The operative complaint, Plaintiffs’ Interlineation to Corrected Consolidated Class Action Complaint (ECF No. 395; Complaint), was filed on March 1, 2017.

    On December 4, 2018 (ECF No. 940), the Court issued an Order certifying the Litigation Classes, appointing Hausfeld LLP, Scott+Scott, Attorneys at Law, LLP, and Robins Kaplan LLP as Lead Counsel, and formally designated the plaintiffs as the Class Representatives for the Litigation Classes. The Court’s Order certifying the Litigation Classes does not guarantee Class Members will receive money or benefits; that will be decided later in the Action.

    The $3 million CVI Settlement was reached on August 30, 2017, and the $10 million B&L Settlement was reached on August 19, 2019. The Court preliminarily approved the B&L and CVI Settlements on July 10, 2018 (ECF No. 841) and October 8, 2019 (ECF No. 1046), respectively.

    In 2019, notice was provided regarding the B&L and CVI Settlements and the formation of Litigation Classes. On February 25, 2020, the Court held a Fairness Hearing. On March 4, 2020, the Court issued an Order granting final approval and a final judgment for the B&L and CVI Settlements (ECF No. 1164).

    On November 27, 2019, the Court denied the Defendants’ motions for summary judgment (ECF No. 1091). The Court has not yet made a ruling on the merits of the allegations made in the Complaint or on Defendants’ denials and defenses. The Action is ongoing and a trial date has not been set.

    On March 4, 2020, the Court granted final approval of the B&L and CVI Settlements.

    On June 1, 2021, the Court granted final approval to the ABB Settlement.

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  9. What benefits does the Settlement provide?

    The Alcon and JJVCI Settlements will establish Settlement Funds of $20 million and $55 million, respectively, that will be used to pay eligible Settlement Class Members who submit valid claims or already submitted a valid claim to the ABB, B&L and/or CVI Settlement(s). The cost to administer the Alcon and JJVCI Settlements, attorneys’ fees and expenses, service payments for the Class Representatives (if any are requested and approved by the Court), taxes and other expenses approved by the Court will come out of the Settlement Funds. The Settlement requires Alcon and JJVCI to deposit their respective settlement amounts into escrow accounts within fifteen (15) days of Preliminary Approval.

    In order to minimize administrative expenses, Lead Counsel intend to distribute the Net Settlement Funds for all five Settlements at once.

    Customers that filed valid claims for purchases of lenses made by B&L, JJVCI and Alcon that were subject to a UPP will draw funds on a pro rata basis from all five Settlement Funds. Purchasers of lenses subject to CVI’s UPP who filed valid claims will draw funds on a pro rata basis from the CVI, ABB, Alcon, and JJVCI Settlement Funds.

    Lead Counsel estimates that there are up to 40 million purchasers of disposable contact lenses that were subject to Defendants’ UPPs. In the event that Lead Counsel determines that it will be economically infeasible to directly distribute the Net Settlement Funds to the Settlement Classes, they may propose alternative plans of distribution to the Court, including a cy pres distribution, of the Net Settlement Funds. In the event that Lead Counsel propose an alternative plan of distribution to the Court, the motion will be posted here, and an email will be sent to any email address registered with the Administrator prior to the hearing on the motion.

    If you already submitted a timely and valid Proof of Claim as part of the earlier ABB, B&L, and/or CVI Settlement(s), you do not need to submit another Proof of Claim. You will automatically be included in the Alcon and JJVCI Settlements to receive a payment from the Alcon and JJVCI Net Settlement Funds. However, if you do not submit a timely and valid Proof of Claim as part of either of the ABB, B&L, and/or CVI Settlement(s), you must submit a Proof of Claim to share in the Alcon and JJVCI Net Settlement Funds by August 22, 2022. You will not be able to share in the Alcon and/or JJVCI Settlements(s) if you did not submit a timely and valid Proof of Claim. Claims may be submitted online here. The deadline to file your Proof of Claim is August 22, 2022.

    Unless you exclude yourself from the Alcon and/or JJVCI Settlement Class(es), you will give up your right to sue Alcon and/or JJVCI for the claims being resolved by the Settlement(s). The specific claims (“Released Claims”) you are giving up against Alcon and/or JJVCI and its related parties are described in paragraphs 1.28, 1.30, and 7.1 of the Settlement Agreement(s). The Alcon and JJVCI Settlement Agreements are available here.

    If you have any questions, you can talk to Lead Counsel listed herein for free or you can, of course, talk to your own lawyer about what this means.

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  10. How do I make a claim for Settlement Benefits?

    Alcon and/or JJVCI Settlement Class Members wishing to receive a payment from the Settlement funds must complete and submit a Proof of Claim no later than August 22, 2022. Claims must be submitted online, or a copy of the Claim Form downloaded here, and submitted by First-Class Mail to the address below.

    Disposable Contacts Antitrust Litigation
    Settlement Administrator
    P.O. Box 2995
    Portland, OR 97208-2995

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  11. What does excluding yourself from the Alcon and/or JJVCI Settlements mean?

    If you are a member of the Alcon and/or JJVCI Settlement Class(es), you have the right to decide whether to remain a member of the Alcon and/or JJVCI Settlement Class(es). You must decide at this time if you want to exclude yourself from the Alcon and/or JJVCI Settlement Class(es).

    Excluding Yourself from the Alcon and/or JJVCI Settlement Class(es): If you want to keep the right to file or maintain your own lawsuit against Alcon and/or JJVCI about the Released Claims, then you must take steps to get out of the Settlement(s) with Alcon and/or JJVCI. This is called excluding yourself – or sometimes referred to as opting out of the class. If you ask to be excluded from the Alcon and/or JJVCI Settlement(s), you will not receive any benefits from the Alcon and/or JJVCI Settlement(s), and you cannot object to the Alcon and/or JJVCI Settlement Agreement(s).

    If you have a pending or contemplated lawsuit against any of the Defendants involving the same legal issues in this Litigation or the Released Claims in the Alcon and/or JJVCI Settlement Agreement(s), speak to your lawyer immediately. You must exclude yourself from the Alcon and/or JJVCI Settlement(s) in order to continue or initiate your own lawsuit against Alcon and/or JJVCI.

    You must request exclusion in accordance with the procedures set forth in FAQ 12.

    Your decision is important for the following reasons:

    If you choose to remain a member of the Alcon and/or JJVCI Settlement Class(es), you will be bound by all past, present and future orders and judgments related to the Alcon and/or JJVCI Settlement(s), whether favorable or unfavorable. If money is awarded, you may be eligible to receive a share of that award. However, if you remain a member of the Alcon and/or JJVCI Settlement Class(es), you may not pursue a lawsuit on your own behalf with regard to any of the legal claims in this Action against the Defendant(s) to which you remain a Settlement Class Member of their Settlement(s). Pursuant to Rule 23(e)(4) of the Federal Rules of Civil Procedure, it is within the Court’s discretion whether to allow a second opportunity to request exclusion from the Litigation Classes if there is a settlement in the Action involving the claims of the members of the Litigation Classes. Please note that if you remain a member of the Alcon and/or JJVCI Settlement Class(es), you will not be personally responsible for Lead Counsel’s attorneys’ fees or costs. Lead Counsel has agreed to represent the Classes on a contingent fee basis, which means that they will be awarded fees and costs to be approved by the Court only if they succeed in obtaining a recovery from the Defendants. Any attorneys’ fees for Lead Counsel will be awarded by the Court. As a member of Alcon and/or JJVCI Settlement Class(es), you will be represented by Lead Counsel. Alternatively, you may remain a member of the Alcon and/or JJVCI Settlement Class(es) and elect to be represented by counsel of your own choosing. If you do retain separate counsel, you will be responsible for that attorney’s fees and expenses.

    If you choose to be excluded from the Alcon and/or JJVCI Settlement Class(es), you will not be bound by any orders or judgment in this Action applicable to the Alcon and/or JJVCI Settlement Class(es), to which you exclude yourself, nor will you be eligible to share in any recovery that might be obtained on behalf of the Alcon and/or JJVCI Settlement Class(es) to which you exclude yourself. You will retain any right you have to individually pursue any unreleased legal rights that you may have against Defendants. Please refer to FAQ 12 if you would like to request exclusion from Alcon and/or JJVCI Settlement Class(es).

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  12. How do I ask to be excluded from the Alcon and/or JJVCI Settlement Class(es)?

    To exclude yourself from the Alcon and/or JJVCI Settlement Class(es), you must file a timely written request for exclusion (“Request for Exclusion”) by mailing a letter or sending an email to the Administrator.

    Your Request for Exclusion must:

    1. Be in writing;
    2. Be signed by you or your authorized representative;
    3. State your name, address, and phone number;
    4. Include (i) proof of membership in the Alcon and/or JJVCI Settlement Class(es) and (ii) a signed statement that says “I/we hereby request that I/we be excluded from (one or more of the following) classes in In Re: Disposable Contact Lens Antitrust Litigation, 3:15-md-02626-HES-JRK (M.D. Fl.): The Alcon Settlement Class; and/or the JJVCI Settlement Class; and
    5. Be mailed or emailed to the Claims Administrator at the addresses provided below, and postmarked no later than August 22, 2022.

      Disposable Contact Lens Settlement Administrator
      EXCLUSIONS
      P.O. Box 2995
      Portland, OR 97208-2995

      Or

      info@ContactLensSettlement.com

    In the event that you wish to be excluded from the Alcon and/or JJVCI Settlement Class(es), you must specify which class or classes are the subject of your exclusion request. If your exclusion request does not specify the class or classes from which you wish to be excluded, you may be excluded from both.

    You must also provide any other information reasonably requested by the Administrator.

    You cannot exclude yourself by telephone or facsimile. Requests for exclusion that do not comply with the above requirements will be invalid, unless otherwise accepted by the Court, subject to any objections of the parties to be resolved by the Court.

    Do not request exclusion from the Alcon and/or JJVCI Settlement Class(es) if you wish to participate in the Alcon and/or JJVCI Settlement(s).

    Please note, if you decide to exclude yourself, you may be time-barred from asserting the claims by a statute of limitations.

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  13. How do I object to the Alcon and/or JJVCI Settlement Class(es)?

    You cannot object to the Alcon and/or JJVCI Settlement(s) if you exclude yourself from the Settlement Class(es) you are objecting to. If you exclude yourself from the Settlement Class(es), you are telling the Court that you don’t want to be part of the Settlement(s). If you exclude yourself from the Settlement Class(es), you will not receive any benefits from the Alcon and/or JJVCI Settlement(s). Objecting is simply telling the Court that you don’t like something about the Alcon and/or JJVCI Settlement(s). You can only object to the Alcon and/or JJVCI Settlement(s) if you remain in the Settlement Class(es). If you exclude yourself from the Settlement Class(es), you have no basis to object to the Alcon and/or JJVCI Settlement(s) because the terms no longer affect you.

    An objection to the Alcon and/or JJVCI Settlement(s) must be mailed to the addresses listed below, postmarked no later than August 22, 2022. Note that you may mail your objection to the Court, but it must be received by the Court and filed by August 22, 2022.

    Court JJVCI’s Counsel
    Hon. Harvey Schlesinger
    Bryan Simpson
    United States Courthouse
    300 North Hogan Street
    Jacksonville, FL 32202
    William F. Cavanaugh, Jr.
    PATTERSON BELKNAP WEBB & TYLER LLP
    1133 Avenue of the Americas
    New York, NY 10036
    phone 1-212-336-2000
    email wfcavanaugh@pbwt.com
    Alcon’s Counsel Class Counsel
    David R Marriott
    CRAVATH, SWAINE & MOORE, LLP
    Worldwide Plaza
    825 8th Avenue
    New York, NY 10019-7475
    phone 1-212-474-1000
    email dmarriott@cravath.com
    Joseph P. Guglielmo
    SCOTT+SCOTT
    ATTORNEYS AT LAW LLP
    The Helmsley Building
    203 Park Avenue, 17th Floor
    New York, NY 10169
    phone 1-212-223-6444
    email jguglielmo@scott-scott.com

    If your objection is not postmarked and received by the deadline and does not include the information listed above, it will not be valid.

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  14. Who are the lawyers representing me?

    The Court appointed the law firms of Hausfeld LLP, Scott+Scott, Attorneys at Law, LLP, and Robins Kaplan LLP as Lead Counsel. If you have any questions concerning the matters raised in this website, you may contact Lead Counsel, as follows:

    Nathaniel C. Giddings
    HAUSFELD LLP
    888 16th Street, N.W.; Suite 300
    Washington, DC 20006
    phone 1-202-540-7200
    email ngiddings@hausfeld.com
    Joseph P. Guglielmo
    SCOTT+SCOTT
    ATTORNEYS AT LAW LLP

    The Helmsley Building
    230 Park Avenue, 17th Floor
    New York, New York 10169
    phone 1-212-223-6444
    email jguglielmo@scott-scott.com
    Benjamin Steinberg
    ROBINS KAPLAN LLP
    399 Park Avenue, Suite 3600
    New York, NY 10022
    phone 1-212-980-7400
    email bsteinberg@robinskaplan.com

    You will not be charged for contacting these lawyers. As noted above, unless you elect to retain your own personal lawyer, if you remain in the Settlement Class, you will not have any direct obligations to pay the costs of this Action. If there is a recovery by one or more of the Classes in this Action, all costs and expenses, including Lead Counsel’s attorneys’ fees, will be paid from that recovery in an amount approved by the Court.

    At least fifteen (15) days before the deadline to opt-out or object to the Settlements, Lead Counsel will ask the Court for attorneys’ fees of up to one-third (33.3%) of the Alcon and JJVCI Settlement Funds, as well as reimbursement of costs and expenses incurred by Lead Counsel during the litigation. In addition, Lead Counsel may also seek reimbursement of costs for the Class Representatives for their time and work spent prosecuting this Action. Any fees and expenses awarded by the Court will be paid out of the Settlement Funds.

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  15. When is the Settlement Fairness Hearing?

    The Court will hold a Fairness Hearing at 9:30 a.m. on Wednesday, October 12, 2022, at the United States Courthouse, Courtroom 10C, 300 North Hogan Street, Jacksonville, Florida.

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  16. What happens if the Court does not approve the Settlement?

    On May 9, 2022, the Court Preliminarily approved the Alcon and JJVCI Settlements.

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  17. What happens if I don’t do anything?

    If you do nothing, you will remain in the Alcon and/or JJVCI Settlement Classes. You will not be able to separately sue, or continue to sue as part of any other lawsuit for the Released Claims or the conduct alleged in the Complaint. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes concerning this class action. If you are a Settlement Class Member, and you file a valid Proof of Claim, you will be able to share in the Alcon and JJVCI Settlements. If you already submitted a timely and valid Proof of Claim as part of the ABB, B&L and/or CVI Settlement(s), you do not need to submit another Proof of Claim.

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  18. How can I update my contact Information?

    To assist the Court and the parties in maintaining accurate lists of Settlement Class Members, you are requested to keep your email and physical address up to date with the Administrator. You may update your addresses here.

    If a Notice was forwarded to you by the postal service, or if it was otherwise sent to you at an address that is not current, you should immediately contact the Administrator at Disposable Contact Lens Settlement Administrator, P.O. Box 2995, Portland, OR 97208-2995 or by calling the Administrator toll free at 877-253-3649 and providing them with your correct address. If the Administrator does not have your correct address, you may not receive notice of important developments in this Action.

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  19. How do I get additional information?

    This website and the Notice provide only a summary of the lawsuit and the claims asserted by Class Representatives. More details are available in the Settlement Agreements and other court documents, all available on this website here. You can also review copies of the important pleadings, orders, and other documents filed in this Litigation at www.pacer.gov, or at the office of the Clerk of the Court, United States District Court for the Middle District of Florida, Jacksonville Division, 300 North Hogan Street, Jacksonville, Florida 32202, under Case No. 3:15-md-02626-HES.

    For additional questions, you may contact Lead Counsel at the information in FAQ 14, or contact the Settlement Administrator at info@ContactLensSettlement.com, or calling toll free 1-877-253-3649.

    DO NOT WRITE OR CALL THE COURT FOR INFORMATION ABOUT THE SETTLEMENT OR THIS LITIGATION.

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  20. When will Settlement Award Payments be made?

    No distributions of settlement funds have yet been made in this litigation. In order to minimize administrative expenses, Lead Counsel intend to distribute the Net Settlement Funds for all five Settlements at once. Please be patient and watch this space for updates.

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