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Medical Forum / General / Vision / July 2005No eyeglasses; no fortune cookie, either!
Call me curious! During the second week of May, I walked into my local eyeglasses place ("Eye DRx") and ordered replacement of scratched tinted lenses. Off went the glasses to Texas headquarters of Eye Care Centers of America, Inc., the parent company (er...not exactly!). Now, after more than two months and numerous visits to the store - AND STILL NO GLASSES - I've decided to find out a little more about ECCA, my tormentor. For one thing, they are one of America's largest retailers of eyeglasses. There are 15 Eye DRx locations in my state, New Jersey, and there are 360 other stores in 32 other states. Some of the local chains operate under such names as "EyeMasters," "Visionworks," "Vision World," "Doctor's VisionWorks," "Dr. Bizer's VisionWorld," "Dr. Bizer's ValuVision," "Doctor's ValuVision," "Hour Eyes," "Stein Optical" and "Binyon's." What is ECCA? From what I can tell, it's a bunch of suits that do BIDNIZ in San Antonio. Actually, the controlling owner of ECCA is a shaky Hong Kong company, Moulin, (International Herald Tribune: "Fall of Hong Kong firm is a shock to investors." Full article: http://www.iht.com/bin/print_ipub.php?file=/articles/2005/07/06/yourmoney/moulin.php) Frames come from Asia and lenses are jobbed out to various independent labs. Standard and Poor's and Moody's in the past two months had rather chilly warnings about ECCA. Till now I've been dropping into the store once a week to badger my salesperson, Martha, and her manager, Audrey, about the delay. They dutifully, in my presence, have called Texas HQ and pleaded for the glasses. Promises...but still no glasses. Since lenses are farmed out, would they even know? Wish I'd gotten curious a little earlier. I'd have driven another two miles and gotten them within a week and a lot cheaper. (Oh, yes. I had to prepay at ECCA.) You'll find some interesting press releases on the ECCA corporate website: http://www.ecca.com/investor_relations/press_releases.aspx And Google has lots of lethal info pertaining to ECCA and its troubled Chinese parent. Gene optxx@juno.com wrote in news:1122312459.322623.107190 @g14g2000cwa.googlegroups.com: > Till now I've been dropping into the store once a week to badger my > salesperson, Martha, and her manager, Audrey, about the delay. The store you handed the glasses to, not some big multinational corporation, owes you glasses. Go in one last time, be polite, but quite insistant that you would like your glasses. Let them know that you hold them responsible, not the "home company", and you would like your glasses, a replacement, or a refund, or you will file suit in small claims court. Remind them that the cost of your exam and replacement glasses is less than the fee of the lawyer that the business is required to have represent them in court.  SignatureScott Reverse name to reply >Remind them that the cost of your exam and replacement glasses is less than >the fee of the lawyer that the business is required to have represent them >in court. > Is that true in all states? I'm a Californian and I thought neither party could use an attorney in SMC, or is that for corporations only??? w.stacy, o.d. William Stacy <wstacy@obase.net> wrote in news:vCbFe.393$kk6.279 @newssvr13.news.prodigy.com: > Is that true in all states? I'm a Californian and I thought neither > party could use an attorney in SMC, or is that for corporations only??? > > w.stacy, o.d. I know it's true in NY (and fairly certain about NY) with respect to corporations (and how many retail points are not corporations??), but apparently there are some states where it's actually not the case. In CA, it seems like an officer or employee is required to represent the corporation. Seems kind of silly to me, as the best interests of an officer might not be the best interests of the corporation, plus the last thing the average joe plaintiff needs in small claims is a huge discussion about whether the representative of the defendant has any standing to defend. Makes little difference here. I suspect that the glasses or a replacement will miraculously appear when the retailer is threatened with a small claims suit, and if not, they'll be more than cooperative when handed the papers, especially if they can make the problem go away for less than $200 of actual expenses. As a last note, unless the tint were something really special, why would an optical shop need to send frames halfway across the country to get lenses placed in them? Whole thing sounds really fishy. Even then, unless the frames are lost, the round trip shouldn't take two months. SignatureScott Reverse name to reply > (and fairly certain about NY) Ooops, I meant NJ, the state in question. SignatureScott Reverse name to reply >with respect to >corporations (and how many retail points are not corporations??), > I don't much care to be called a retail point, but since most o.d.s dispense eyewear (ok, you can say "sell glasses"), I guess we are "retail points" , and while some are prof. corps. most are not, at least around here. Anyway, you're right that at the first sounds of the rustling of (legal) paper, most businesses are getting out the checkbook and writing the refund... w.stacy, o.d. > > Is that true in all states? I'm a Californian and I thought neither > > party could use an attorney in SMC, or is that for corporations only??? > > I know it's true in NY (and fairly certain about NY) with respect to > corporations (and how many retail points are not corporations??), but > apparently there are some states where it's actually not the case. In California no lawyers are allowed in small claims court. If the complainant loses, that's the end of it. If the complainant wins, the person who lost can appeal and can then have a lawyer. Simple thing for a company is to not show up in court, lose, file an appeal, and just let the captive lawyers bleed the complainant to death. Even so, I filed in small claims court and won against the woman who destroyed my car and who brought her AAA insurance adjuster with her. They lost and AAA sent me a check within a few days. I guess public relations counts. > In > CA, it seems like an officer or employee is required to represent the [quoted text clipped - 3 lines] > discussion about whether the representative of the defendant has any > standing to defend. Ask politely "Who in your organization is empowered to accept service?" and be ready to write down the name and address. Sometimes that's enough to get action. It has to be someone local since the offense happened locally. The manager will probably be good enough. > Makes little difference here. I suspect that the glasses or a > replacement will miraculously appear when the retailer is threatened with [quoted text clipped - 6 lines] > lenses placed in them? Whole thing sounds really fishy. Even then, > unless the frames are lost, the round trip shouldn't take two months. Whole thing sounds fishy. Somebody broke them or lost them and is covering up, hoping you'll just go away. SignatureCheers, Bev ========================================================== "The last thing you want is for somebody to commit suicide before executing them." -Gary Deland, former Utah director for corrections >optxx@juno.com wrote in news:1122312459.322623.107190 >@g14g2000cwa.googlegroups.com: [quoted text clipped - 10 lines] >the fee of the lawyer that the business is required to have represent them >in court. I wouldn't even give them one last chance. I'd go in and say that I've waited long enough and now I'd like my money back. I can't imagine waiting that long for glasses, two weeks would be plenty. Tom
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