Plaintiffs in Keyword Advertising Lawsuit Agree to Settlement With Luxottica

By

SALT LAKE CITY—The plaintiffs in a lawsuit related to keyword search advertising that named several optical companies as defendants, including 1-800 Contacts, have agreed to settle claims against Luxottica Retail North America, another of the defendants, according to documents filed in federal court here late last week. The settlement will resolve “all claims brought by plaintiffs and the proposed class against Luxottica in exchange for a monetary payment plus specified cooperation,” according to the filing, which was made in U.S. District Court of Utah, Central Division.

The terms of the settlement were not disclosed in the court filing. A Luxottica spokeswoman confirmed the settlement agreement to VMAIL.

The lawsuit relates to a series of written agreements between 1-800 Contacts and “at least 13 other online sellers” of contact lenses, according to court documents. The agreements allegedly outlined a plan under which the online retailers agreed to avoid competing against one another in certain online advertising programs, as VMAIL reported

The plaintiffs in the lawsuit are a class of consumers who purchased contact lenses online between 2004 and 2013.

In September 2017, two other defendants in the lawsuit, Arlington Contact Lens Service (AC Lens) and National Vision Inc., which is listed in the court filing as the owner of AC Lens, agreed to terms with the plaintiffs. In addition to paying a $7 million settlement, the two companies agreed to cooperate with the plaintiffs, according to the court documents filed at the time.