for making deceptive claims in their advertising.

Here's what you can do:

1. File a Private Attorney General Action for false or misleading advertising.

The definition of unfair business practices is very broad. If there is ANYTHING false or misleading in a doctor or laser center's advertising, ANYONE can bring a lawsuit against them.  You do not have to be their patient, and the action can be strictly in the name of protecting the general American public.

There are three ways that justice can be served in these cases:

1. Disgorgement of all profits from LASIK--everything they have profited can be taken away from them.

2. Restitution for what has wrongfully been taken.  This means restoring to the original condition.

3. Court-Compelled Notice- to invite ALL of a doctor/center's previous patients to assert a claim against them.  Every patient would be notified by the court.

The state-imposed limits on pain and suffering do not apply to consumer fraud, therefore caps such as MICRA in California are not imposed on judgments for fraudulent claims in advertising. Also, malpractice insurance does not typically cover this, so the doctor may find himself without any assistance from his insurance carrier.

If you have had LASIK or PRK and did not receive a Patient Information Booklet, it's going to be impossible for a doctor to defend himself against consumer fraud. No jury is going to forgive a doctor who intentionally withholds warnings from the patient.

2.  Report false or misleading advertising to the FDA and FTC.

These reports can be filed online by clicking on the following links:

FTC (Federal Trade Commission) 

"Use this form to submit a complaint to the Federal Trade Commission (FTC) Bureau of Consumer Protection about a particular company or organization. The information you provide is up to you. However, if you do not provide your name or other information, it may be impossible for us to refer, respond to, or investigate your complaint or request. To learn how we use the information you provide, please read our Privacy Policy. While the FTC does not resolve individual consumer problems, your complaint helps us investigate fraud, and can lead to law enforcement action. The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies worldwide."

Report a Problem to the Federal Trade Commission 

FDA (Food & Drug Administration) 

http://www.fda.gov/cdrh/lasik/contact.htm

For comments about LASIK, LASIK advertising, complaints, etc. 

https://www.accessdata.fda.gov/scripts/medwatch/

"Our MedWatch Online form is available to you for the voluntary reporting of serious adverse events, potential and actual medical product errors, and product quality problems associated with the use of FDA-regulated drugs, biologics, devices, and dietary supplements. With the click of a button, you can complete, print, and submit the voluntary MedWatch Form (3500) online through the World Wide Web."

Canadian patients:  http://www.consumer.ca/laser.htm