Due to the difficulty involved with creating standardized lenses, eye care professionals (ECPs) previously had to fit each pair of contact lenses a patient purchased, leading consumers almost invariably to purchase eye exams and contacts in a bundle from their ECP. Beginning in the late 1980s, however, technological improvements have eliminated the need for lenses to be fitted individually and subsequently have transformed contact lenses of the same brand and prescription into commodities. Now, a consumer with a valid prescription can purchase contact lenses from an array of merchants, including optical chains, independent ECPs, warehouse clubs, mass merchandisers, and online vendors.

Contact lens consumers may have more sellers to choose from today than they did ten years ago, but a variety of factors likely have caused many consumers to remain unaware of their full range of options beyond their prescribing ECP. For example, it was not until 2004, when Congress passed the Fairness to Contact Lens Consumers Act (FCLCA) which prohibits ECPs from tying contact lens sales to eye examinations and requires ECPs to release their patients’ prescriptions that prescribing ECPs in all states were required to release contact lens prescriptions to their patients. Prior to FCLCA, several states’ laws made it difficult for consumers to receive a copy of their contact lens prescription, which is necessary to purchase lenses from someone other than a prescribing ECP. Further, there is anecdotal evidence that prescribing ECPs are hesitant to let their patients know that their prescriptions are portable (See 1-800 Contacts 2005b, pp. 18-30), and the FTC, which is in charge of enforcing the prescription release requirements of FCLCA, recently reported violations involving prescribing ECPs not releasing prescriptions to their patients.