FTC, Utah, Nevada Sue Lens.com Over Alleged Hidden Fees

Independently fact-checkedBy Recording Law Editorial Team14 min read

Independently fact-checked against primary sources (last audited October 3, 2026). · 14 primary sources cited on this page. How we verify our legal content

FTC, Utah, Nevada Sue Lens.com Over Alleged Hidden Fees

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Federal Trade Commission, press release, 'FTC, States Sue Lens.com for Misrepresenting the Price of Contact Lenses in Search Ads and on Its Website' (October 2, 2026). Establishes the filing date, the plaintiffs (FTC with the Utah and Nevada Attorneys General), the defendants, the statutes alleged (FTC Act, ROSCA, GLB Act, Utah CSPA, Utah ARCA, Nevada DTPA), the 2-0 Commission vote, the filing court, and the quoted statement of Bureau of Consumer Protection Director Christopher Mufarrige. Accessed 3 October 2026.(ftc.gov).gov
  2. Complaint for Permanent Injunction, Monetary Judgments, Civil Penalty Judgments, and Other Relief, Federal Trade Commission, State of Nevada, Bureau of Consumer Protection, and Utah Division of Consumer Protection v. Lens.com, Inc., Speed Commerce, LLC, and Cary Samourkachian, No. 2:26-cv-03232 (D. Nev. filed Oct. 2, 2026), 51 pp. Source for the case caption and docket number, the nine counts, the below-the-fold 'Taxes & fees' checkout allegations and the $18.29 / $146.32 / $273.44 / $649.71 worked example, the sales-tax labeling theory, the AutoRefill negative-option allegations, the consumer-complaint excerpts, the August 2025 Civil Investigative Demand, and the prayer for relief. Accessed 3 October 2026.(ftc.gov).gov
  3. Federal Trade Commission, Legal Library case page, 'Lens.com, Inc.' Official docket of FTC filings in the matter and the source link for the complaint PDF. Accessed 3 October 2026.(ftc.gov).gov
  4. 15 U.S.C. 45(a), Section 5(a) of the Federal Trade Commission Act, U.S. Code 2024 edition via GovInfo (U.S. Government Publishing Office). Establishes that unfair or deceptive acts or practices in or affecting commerce are declared unlawful, the basis for Count I. Accessed 3 October 2026.(govinfo.gov).gov
  5. 15 U.S.C. 8403, Section 4 of the Restore Online Shoppers' Confidence Act, U.S. Code 2024 edition via GovInfo. Establishes the three negative-option requirements (clear and conspicuous disclosure of material terms before obtaining billing information, express informed consent before charging, and simple mechanisms to stop recurring charges) and the cross-reference defining negative option feature at 16 C.F.R. part 310. Basis for Counts II and III. Accessed 3 October 2026.(govinfo.gov).gov
  6. 15 U.S.C. 6821, Section 521 of the Gramm-Leach-Bliley Act, U.S. Code 2024 edition via GovInfo. Located in Subchapter II, 'Fraudulent Access to Financial Information'; subsection (a)(2) prohibits obtaining customer information of a financial institution by making a false, fictitious or fraudulent statement to a customer of a financial institution. Confirms this count is the GLB pretexting ban, not the GLB privacy-notice provisions. Basis for Count IV. Accessed 3 October 2026.(govinfo.gov).gov
  7. 16 C.F.R. Part 464, Rule on Unfair or Deceptive Fees (the FTC 'junk fees' rule), current text via the Electronic Code of Federal Regulations. Section 464.1 defines 'covered good or service' as live-event tickets or short-term lodging only; Sections 464.2 and 464.3 prohibit hidden and misrepresented fees for those goods. Confirms the rule does not reach contact lenses. Accessed 3 October 2026.(ecfr.gov).gov
  8. Federal Trade Commission, final rule, 'Trade Regulation Rule on Unfair or Deceptive Fees', 90 Fed. Reg. 2066 (Jan. 10, 2025), effective May 12, 2025. Establishes the junk-fee rule's publication date, effective date, and its limitation to live-event tickets and short-term lodging. Accessed 3 October 2026.(federalregister.gov).gov
  9. 16 C.F.R. Part 315, Contact Lens Rule, current text via the Electronic Code of Federal Regulations. Implements the Fairness to Contact Lens Consumers Act, 15 U.S.C. 7601-7610, and governs prescription release, prescriber verification, prescription expiration, limits on requiring immediate payment, and advertising that lenses may be obtained without a prescription. Contains no pricing or fee-disclosure requirement. Accessed 3 October 2026.(ecfr.gov).gov
  10. Federal Trade Commission, final rule, 'Revision of the Negative Option Rule, Withdrawal of the CARS Rule, Removal of the Non-Compete Rule To Conform These Rules to Federal Court Decisions', 91 Fed. Reg. 6507 (Feb. 12, 2026), effective Feb. 12, 2026. Establishes that, in light of federal court decisions, the FTC recodified 16 C.F.R. Part 425 as it existed before the 2024 'click to cancel' amendments, which is why the subscription counts here are pleaded under the ROSCA statute. Accessed 3 October 2026.(federalregister.gov).gov
  11. 16 C.F.R. Part 425, 'Use of Prenotification Negative Option Plans', current text via the Electronic Code of Federal Regulations, sourced to 91 FR 6509 (Feb. 12, 2026). Confirms the rule now in force is the pre-2024 prenotification plan rule. Accessed 3 October 2026.(ecfr.gov).gov
  12. Nevada Revised Statutes Chapter 598 (Deceptive Trade Practices), Nevada Legislature. NRS 598.0915(9) defines advertising goods or services with intent not to sell or lease them as advertised as a deceptive trade practice; NRS 598.0923(1)(b) covers knowingly failing to disclose a material fact in connection with the sale or lease of goods or services; NRS 598.0923(1)(c) covers knowingly violating a state or federal statute or regulation relating to the sale or lease of goods or services. Accessed 3 October 2026.(leg.state.nv.us).gov
  13. Federal Trade Commission, advance notice of proposed rulemaking, 'Rule on Unfair or Deceptive Fees in Online Food Delivery Services', 91 Fed. Reg. 20381 (Apr. 16, 2026). Establishes that the online food-delivery fee proceeding is at the advance-notice stage and has produced no proposed rule and no rule in force. Accessed 3 October 2026.(federalregister.gov).gov
  14. Federal Trade Commission, advance notice of proposed rulemaking, 'Rule on Unfair or Deceptive Rental Housing Fee Practices', 91 Fed. Reg. 12325 (Mar. 13, 2026). Establishes that the rental-housing fee proceeding is at the advance-notice stage and has produced no proposed rule and no rule in force. Accessed 3 October 2026.(federalregister.gov).gov
Share: