Class action alleges Pearle Vision violated TCPA by ignoring opt-out instructions

Pearle Vision class action lawsuit overview:

• Who: Plaintiff Nicole Guan filed a class action lawsuit against Luxottica of America Inc., doing business as Pearle Vision.
• Why: Guan claims Pearle Vision made unsolicited telemarketing calls to consumers who had opted out of receiving them.
• Where: The Pearle Vision class action lawsuit was filed in Texas federal court.

Pearle Vision made unsolicited telemarketing calls to consumers who had opted out of receiving them, according to a new class action lawsuit.

Plaintiff Nicole Guan claims Pearle Vision, an optical retailer and eye care provider, violated the Telephone Consumer Protection Act (TCPA) by continuing to text message consumers after they had opted out of its solicitations. 

Guan further argues Pearle Vision’s failure to honor her opt-out request demonstrates a lack of procedures for handling such requests, resulting in continued text message solicitations to her and other consumers. 

“Defendant continued to text message the plaintiff and class members to harass them into making purchases from the defendant,” the Pearle Vision class action lawsuit says. 

Guan wants to represent a nationwide class of consumers who, within a 12-month period and after they made a request not to receive further communications, received more than one text message or phone call from Pearle Vision encouraging them to schedule an appointment. 

Pearle Vision allegedly made unsolicited calls to consumers

Guan claims Pearle Vision’s text messages were attempts to solicit her business and patronage, even though she had no “ongoing treatment relationship” with the company and did not require its services.

Further, Guan argues she received text messages from Pearle Vision encouraging her to schedule an appointment despite having previously instructed the company to stop sending such messages.

“All of the defendant’s text messages were a pretext for the sale of goods or services and, on information and belief, the defendant sent the texts to encourage the plaintiff and class members to purchase the defendant’s services,” the Pearle Vision class action lawsuit states. 

The plaintiff seeks injunctive and declaratory relief along with an award of statutory damages for herself and all class members.

Earlier this year, a consumer filed a similar class action lawsuit against MyBookie Inc. over claims the sports betting company ignored opt-out requests from consumers who received text messages from them.

Have you received more than one phone call or text from Pearle Vision after making a request to opt out of receiving communications? Let us know in the comments.

The plaintiff is represented by Manuel S. Hiraldo of Hiraldo P.A.

The Pearle Vision class action lawsuit is Guan v. Luxottica of America Inc., Case No. 1:25-cv-01904, in the U.S. District Court for the Western District of Texas.

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