How Do I Get My Money Back From an Eye Doctor Who Never Delivered My $1,700 Contacts in Texas?

Attorney Answer

Paying $1,700 and getting neither the product nor an explanation is exactly the kind of situation Texas consumer protection law is built to address, and you have more than one path to get this resolved.

Start with something simple but important: put your request in writing. Send a letter or email to the practice stating what you paid for, what you were promised, and what you want now, either the correct contacts delivered promptly or a refund. Keep a copy and send it in a way you can prove they received it, such as certified mail or an email you can track. This step often resolves things on its own, and it also doubles as the required first step if you later want to sue under the Texas Deceptive Trade Practices Act.

Be careful about which claim you are actually bringing. The Texas DTPA, found in Business and Commerce Code Chapter 17, reaches the false, misleading, or deceptive acts listed in Tex. Bus. & Com. Code § 17.46(b), plus breach of warranty and unconscionable conduct, § 17.50(a). It does not reach a simple failure to deliver: in Crawford v. Ace Sign, Inc., 917 S.W.2d 12, 14 (Tex. 1996), the Texas Supreme Court held that a mere breach of contract, without more, is not a false, misleading, or deceptive act, and that failing to perform a promise later is not a misrepresentation. So the strongest claim on these facts is breach of contract — you paid $1,700 for contacts you never got — and that is what will get your money back in justice court. A DTPA claim needs something extra: a statement about the contacts or the order that was untrue when the practice took your money, a broken warranty, or conduct that took unfair advantage of you to a grossly unfair degree. It is worth pinning down exactly what you were told and when, because that is the difference between the two. If you do have that extra element and want to pursue the DTPA route, Texas law generally requires sending the business written notice of your complaint and the amount you believe you are owed at least 60 days before you file suit, so your letter above can serve double duty. If a court later finds the conduct was done knowingly, you may be able to recover more than your actual loss, along with attorney's fees in some cases.

What you can do

1. Send a written demand letter today describing what you paid for, what was promised, and your deadline for a response. 2. File a complaint with the Texas Optometry Board if your provider is an optometrist, since they regulate licensed providers and can investigate. 3. Consider Texas Justice Court, often called small claims court, which handles disputes at this dollar amount without requiring a lawyer. 4. If you paid by credit card and are still within your card's dispute window, consider disputing the charge as an added option.

Texas generally requires DTPA claims to be filed within two years of when the problem happened or was discovered, so do not let this sit too long.

This is general legal information, not legal advice, and a Texas consumer protection attorney can help you decide the fastest path to either your contacts or your refund.