I share this with my readers simply as a reporter. What follows is apparantly a letter from the American Optometric Society to their members, followed by press release on the same topic.
I make no comment...what follows speaks for itself.
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Last October, in order to bring accurate information to our members about VSP’s new relationship with Costco, we sat down with VSP’s Chairman of the Board, Tim Jankowski, O.D., and its President Rob Lynch, for an interview. After the interview VSP tried to tell us what we could and could not do with the interview transcript. We rejected VSP’s demands. VSP threatened to sue the AOS if we did not do what they wanted. Again, we rejected VSP’s efforts to control the AOS. The AOS considers it critical that we are independent and do not allow outside organizations to influence our decisions. It distinguishes us from many other organizations.
With that in mind, the AOS told VSP that we had an obligation to our members and would not be told by VSP what we could and could not do. We published the transcript and allowed our members to read it. VSP responded with more threats from their lawyers. But the AOS again refused to permit VSP to tell us what we may and may not do. So, this past week VSP sued the AOS, two of its Board members (Pam Miller and Rich Driscoll) and its attorney, Craig Steinberg claiming that the VSP interview was recorded without permission, and that the transcript was wrongfully published. The Press Release regarding this sets forth the facts as we believe them to be. Please read it. A copy of the Press Release is included at the bottom of this news bulletin.
This past year VSP has initiated a program allowing some groups to obtain VSP covered eye care through Costco. VSP then began selling frames and glasses on-line, in direct competition with their network providers. Most recently VSP initiated a program where, if you sell enough Altair and Marchon frames you receive preferential listing when a VSP patient searches for VSP providers in their area. If you don’t sell enough VSP frames you are listed after the other doctors in your area. And now VSP has sued the AOS for providing our members with the most accurate information we could obtain about VSP – information provided to us from VSP itself.
If, like many others, you are tiring of VSP being the 1000 lb gorilla and want the AOS to stand up against VSP’s bullying tactics, we ask that you click here now and donate $100 or more to the AOS legal fund. We are confident that the VSP lawsuit has no merit and that this lawsuit is nothing more than VSP’s way to show everyone what will happen if you don’t do what they tell you – classic strong-arm bully tactics.
We hope you’ll let us know with your donations to the AOS legal fund that you want the AOS to fight VSP and show them that we will not be intimidated
VSP SUES THE AMERICAN OPTOMETRIC SOCIETY FOR ALLOWING AOS
MEMBERS TO READ TRANSCRIPT OF VSP INTERVIEW
AOS Says Lawsuit is Nothing More than VSP Bully Tactics
LOS ANGELES, CA, February 14, 2011 - Vision Service Plan (VSP) has filed a lawsuit against the American Optometric Society (AOS), several members of its Board of Directors, and its General Counsel, alleging that VSP was illegally and unknowingly taped during an interview on October 8 and that the AOS improperly published the transcript of that interview. The AOS adamantly denies the claims made by VSP and says it will vigorously defend itself against what it views as nothing more than VSP bullying tactics.
Says AOS President, Pamela Miller, OD, JD, of the lawsuit, “VSP's actions are a travesty and an embarrassment to what until recently was a respected pro-optometry organization. Not only was VSP told ahead of time that the meeting would be recorded and transcribed, not only was it openly recorded, and not only was VSP given a month to review and supplement the transcript before it was published, but the very purpose of the interview was so the AOS could disseminate VSP's explanation for its new relationship with Costco. And now VSP is unhappy that we did. The AOS believes the lawsuit is motivated by the AOS' refusal to be controlled by VSP. We have been honest to our word, and we will vigorously defend this baseless and frivolous lawsuit.”
The facts are largely undisputed. On September 5, 2010, Dr. Miller, wrote to VSP Chairman Tim Jankowski, O.D., inviting VSP to be interviewed by the AOS during Vision Expo to allow VSP to explain its newly announced relationship with Costco. In the letter and follow-up email Dr. Miller wrote, “We would record and then publish a transcript of that discussion so that our members have an opportunity to hear answers to their questions, directly from VSP.” In response, Dr. Jankowski replied that he was 99% sure he could do [the interview] on October 8. On September 13 Dr. Jankowski confirmed that he would be there along with VSP President Rob Lynch.
The interview took place in a Las Vegas meeting room, with several AOS Board members and AOS attorney, Craig Steinberg, OD, JD, present. Several other AOS board members participated via Skype. A recorder was placed on the table in front of Dr. Jankowski and Mr. Lynch during the nearly three hour interview. At no time did VSP indicate, or have they since indicated, that any part of the discussion was confidential.
On Saturday, December 17, the AOS provided a copy of the transcript to Dr. Jankowski and Mr. Lynch for their review. In response, VSP President Rob Lynch wrote, “We would ask that this not be posted until both Tim [Jankowski] and I give you written approval and have had a chance to review it. I will not be able to look at this before Monday afternoon.”
On December 19, VSP attorney Eric Johannessen, in an email to AOS attorney Craig Steinberg, wrote that, “Neither Rob [Lynch] nor Tim [Jankowski] understood that their conversation was being audio recorded until the end of the meeting.” Mr. Johannessen stated, however, that “... to be clear, we are not attempting to block the publication and dissemination of complete and accurate information to the AOS members. In fact, it is precisely VSP’s support of such efforts that led us to agree to meet in Las Vegas in the first place.” Mr. Johannessen continued, “We do not intend to rewrite history or inhibit publication. But, Rob [Lynch] and Tim [Jankowski] do intend to continue to withhold their respective personal consents to the audio recording until and unless we are provided a fair and reasonable opportunity to review the completeness and accuracy of the record.” Accordingly, the AOS did not make the transcript available to its members until January 13, 2011. At no time before or since has VSP offered any changes or supplement to the transcript.
Nonetheless, VSP filed a lawsuit claiming that the interview was recorded illegally because VSP did not know it would be recorded, and that VSP is suffering unspecified damages due to the transcript being made available to AOS members. VSP seeks damages, penalties, and an injunction against further publication of the transcript.
According to AOS attorney Craig Steinberg, “There is no merit to this lawsuit. Given the recent actions of VSP, which, among other things, is now selling frames on-line and is punishing VSP network doctors that do not sell a high enough volume of VSP owned frame lines, this latest misguided action by VSP appears to me to be nothing more than part of a larger VSP strategy to try and show it can still control the profession. Because the AOS resisted VSP’s effort to control it, VSP sued. I look forward to the Courts having the opportunity to examine the facts, and I am confident the AOS will be fully exonerated of any wrongdoing.”
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