Broadway Vision Center

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# ***, and have determined that my complaint has NOT been resolved because:
You acknowledge that upon your reexamination on February **, 2015, the results were very different. Indeed, upon my endocrinologist’s diagnosis of *** * *** and a subsequent course of medication, my eyesight is now completely and there is clearly and absolutely no need or requirement whatsoever for me to have or purchase any prescription glasses of any kind.Please see the attached letter dated February **, from my endocrinologist, *** ** *** in which he has outlined the reasons why I do not need eye glasses. *** ***, has indicated that a professional courtesy and practice, you should not charge me for the eye glasses.In the meantime, this matter has left me very disappointed and upset. I am being asked to pay for eye glasses that I cannot use and have absolutely no use for. I firmly believe that I am not obligated to purchase the eye glasses. It has come to my attention that that there are several areas of applicable laws and legal principles that justify and support my position:Frustration of PurposeAlthough your initial exam led me to believe I needed eye glasses and eye glasses were subsequently ordered, after the order was made, the principal purpose for my ordering of the eye glasses was substantially frustrated without my fault by the occurrence of the subsequent diagnosis and treatment of my *** condition which completely eliminated the need for me to require or use prescription eye glasses. The basic assumption that my failing eyesight required prescription eye glasses was fully eliminated once I underwent medical treatment for my ***. The basic assumption upon which the eye glasses order was made and the principal reason for making the eye glasses order was substantially frustrated by the supervening event of a subsequent medical diagnosis and treatment of my *** condition which completely eliminated the need for me to require or use prescription eye glasses.Therefore, any commitment to purchase the eye glasses should be reasonably discharged and the purchase order/invoice is to be legally rescinded. I have the right to be able to back out of this purchase without obligation or liability.ImpracticabilityAgain, after the order for eye glasses was made, a subsequent diagnosis and treatment of my *** condition completely eliminated the need for me to require or use prescription eye glasses. This subsequent event and development was unexpected and unforeseen by me at the time when I ordered the eye glasses, and to now force me to purchase eye glasses or services I do not need and cannot use is legally and commercially impracticable. I should not have to pay for eye glasses that I do not need and cannot wear, nor should I be forced to purchase other goods or services from you that I do not need or want.ImpossibilityMy failing eyesight was the essential and sole subject matter, factor and reason for my initial order of the eye glasses. The existence of my failing eyesight was the base assumption upon which the eye glasses were ordered. Now that the essential and sole subject matter, factor and reason for ordering the eye glasses has been completely eliminated through no fault of my own, it is impossible for me to now use the eye glasses and any purchase order or invoice commitment must be legally discharged. You have cited your refund policy which was apparently printed on the receipt. However, your refund policy contemplates and applies to purchases made where the prescription glasses are necessary and can be used, and it is a protective policy to prevent customers from returning eye glasses for money back if they don’t like the appearance or feel of the eye glasses My factual situation is outside of what is contemplated in your return policy. I do not physically or medically need to wear ANY glasses, so I do not need and cannot use the glasses that were originally contemplated and ordered, nor do I need or want any other services, frames, lenses or sunglasses of any kind from you and your establishment. While you assert that these glasses were custom made to my specific prescription, certainly there must be a margin for refund or fee waiver by your supplier when prescription eye glasses are incorrect or unnecessary, and certainly the frames that were chosen were not custom made and could easily be placed back into your sales inventory at no cost or setback to you It is my firm feeling and position that you are committing a form of extortion by your placing me in a position of being indebted against my will, by your unlawful payment demands, and by your coercing and forcing me to pay money for eye glasses that I do not need and which are impossible for me to use. I respectfully request once again that you rescind your invoice and withdraw and retract your payment demands and waive all charges based on the unforeseen, but reasonable, subsequent developments of my endocrinologist’s medical diagnosis which eliminated my need for eye glasses. Should you continue to demand payment, I will have no choice but to escalate this matter further by pursuing legal avenues, and by seeking support and assistance from various consumer protection and professional agencies including, but not limited to:*** *** ** ***
*** *** *** ** *** *** *** * *** *** *** ***
*** *** *** *** ** *** ***
** *** ** *** ***
*** *** ***
*** *** *** *** *** *** I hope you will reverse your position so that this matter can be resolved amicably Sincerely,
*** ***
*** ***
*** ***
In order for the Revdex.com to appropriately process your response, you MUST answer the question above
Sincerely,
*** ***

On Wednesday, February of 2015, our office received a letter from your organization regarding a complaint issued by patient Christopher M FaisonThis patient received an eye examination in our office on January 22, upon which after performing several tests including a refraction and a
complete eye exam, it was determined that the patient needed glasses for distance visionA medical record including tests performed and results obtained can be provided upon request.On the date of the exam, the patient proceeded to order a pair of prescription glasses which included Transition lenses which become darkly tinted when exposed to the sunlight, an antireflective coating and scratch guard, for which he paid $after his insurance discount was appliedA week later, the glasses were dispensed to the patient as promised. On February **, the patient returned to the office requesting a refund for the glasses claiming he no longer needed themHe came to this conclusion after a visit with his endocrinologist on January **, when he was diagnosed with *** * *** and was put on medicationOne of the side effects of uncontrolled *** is in fact vision problems, including blurry visionHowever, because I am an eye doctor and not a general practitioner, the scope of my practice does not include diagnosing ***The patient was NOT misdiagnosed in our officeOn February **, I examined the patient once again, as per his request, and at this time the results obtained by the eye exam were very different due to the fact he was now receiving treatment for his ***.While we completely understand the patient’s frustration, our practice should not be held liable for this unfortunate situationOn January **, when I initially examined the patient, I gave the patient a diagnosis and treatment deemed necessary at the time. As noted in the office refund policy and printed on the receipt given to the patient, we do not offer refunds, only store creditIf we made exceptions to this policy, regardless of the reason behind it, the office would lose a considerable amount of time and money due to the fact that glasses are custom made to each patient’s specific prescription and measurements and inserted in their chosen frame.We gladly offered the patient store credit he can apply towards services, frames, lenses, or sunglasses of his choice. Sincerely, *** *** **

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me and the matter has been resolved.DRGOLD/BROADWAY VISION CENTER- Please note I am currently out of the country until 4/**/2015, however upon my return I will make sure to return the glasses to youI thank you kindly for your consideration and look forward to the refund on my Visa card
Sincerely,
*** ***

[redacted] 
[redacted] 
[redacted]To whom it may concern, We are very sorry that this issue has escalated to this point and it is in my greatest interest to avoid this unfortunate situation from going further. We believe we provided the patient with the proper care deemed necessary on the various times he visited our office and it is a shame that he refuses to accept our refund policy.The patient claims this is extortion as stated in his previous letter. We provided a service that the patient requested at the time of the exam. The situation changed once he visited an endocrinologist. I failed to see how is this is extortion. If you visit a doctor when you are sick and later get better, do you ask a refund from the doctor you saw when you were sick?While we understand that the patient does not need glasses (at the moment), we would like to reiterate that we offered (and continue to offer) the patient a store credit that he is able to use towards services, frames, sunglasses, contacts, etc.At this juncture and in good faith, we agree to issue the patient a refund upon the return of the frame and lenses to our office. Since given the circumstances, we feel we are the victims in this situation and not the other way around. Sincerely, [redacted]

Review: I visited [redacted] at Broadway vision center due to some blurry vision on 1/**/15. At the time of my eye exam I was told I need glasses for night time near sightedness. I purchased the glasses and was told I would receive them a week later. On 1/**/15 I was diagnosed with [redacted]. One of the major symptoms of [redacted] is blurred vision. Upon seeing an endocrinologist, and beginning [redacted] my vision improved and went back to normal. I contacted Broadway vision center to try and cancel the order but they said the glasses were on the way. I then picked up the glasses and wore them for about two weeks however I did not feel I needed them. My vision had improved without them, and they were not necessary. I made another appointment with the doctor a few wks later at which time he told me my vision was 20/20 and that I did in fact NOT need the glasses. When I asked for a refund from the doctor considering it was a misdiagnosis, I was told it was not possible due to their "no refunds/store credit only" policy. While I would gladly have taken the store credit, I do not need a credit for glasses that I don't need. They offered me sunglasses, which again I DO NOT need. I asked the doctor to consider this a special case as I was misdiagnosed and he in turn tried to barter for tickets to a show I'm currently in. When I told him that was not possible, he again refused to budge on the store's policy.Desired Settlement: While I highly respect and appreciate the store's policy, I feel an exemption needs to be made in this case. I was misdiagnosed from the start, and should not have to be penalized by it. I would like the merchant to refund my account of $352.00 for the glasses that I clearly do not need.

Business

Response:

On Wednesday, February 25 of 2015, our office received a letter from your organization regarding a complaint issued by patient Christopher M Faison. This patient received an eye examination in our office on January 22, 2015 upon which after performing several tests including a refraction and a complete eye exam, it was determined that the patient needed glasses for distance vision. A medical record including tests performed and results obtained can be provided upon request.On the date of the exam, the patient proceeded to order a pair of prescription glasses which included Transition lenses which become darkly tinted when exposed to the sunlight, an antireflective coating and scratch guard, for which he paid $352 after his insurance discount was applied. A week later, the glasses were dispensed to the patient as promised. On February **, 2015 the patient returned to the office requesting a refund for the glasses claiming he no longer needed them. He came to this conclusion after a visit with his endocrinologist on January **, 2015 when he was diagnosed with [redacted] and was put on medication. One of the side effects of uncontrolled [redacted] is in fact vision problems, including blurry vision. However, because I am an eye doctor and not a general practitioner, the scope of my practice does not include diagnosing [redacted]. The patient was NOT misdiagnosed in our office. On February **, 2015 I examined the patient once again, as per his request, and at this time the results obtained by the eye exam were very different due to the fact he was now receiving treatment for his [redacted].While we completely understand the patient’s frustration, our practice should not be held liable for this unfortunate situation. On January **, 2015 when I initially examined the patient, I gave the patient a diagnosis and treatment deemed necessary at the time. As noted in the office refund policy and printed on the receipt given to the patient, we do not offer refunds, only store credit. If we made exceptions to this policy, regardless of the reason behind it, the office would lose a considerable amount of time and money due to the fact that glasses are custom made to each patient’s specific prescription and measurements and inserted in their chosen frame.We gladly offered the patient store credit he can apply towards services, frames, lenses, or sunglasses of his choice. Sincerely, [redacted]