Estimated reading time: 9 minutes.
Key facts
- What happened: A federal judge in Los Angeles certified a class action against Vision Path, Inc., which does business as Hubble Contacts, on October 15, 2026. The case can now go forward on behalf of a group of California customers instead of one plaintiff.
- The claim: The lawsuit says Hubble's ordering and prescription verification process led customers to receive Hubble Classic Daily lenses that their eye doctors had not prescribed.
- Who is in the class: California residents who bought a Hubble Classic Daily subscription on hubblecontacts.com from April 25, 2019 to the present, who were not prescribed Hubble Classic Daily lenses and who do not seek personal injury damages.
- Class size: The court said evidence shows Hubble sold lenses to at least 95,543 different California consumers since April 28, 2019. Not all of them will meet the class definition.
- Nothing to file yet: There is no settlement, no claim form and no money available. Class members should receive formal notice later.
- Hubble's response: The company said it "intends to vigorously defend against the allegations" and that the ruling "does not constitute a finding of wrongdoing."
- The case: Africa v. Vision Path, Inc., No. 2:23-cv-04570-GW, U.S. District Court for the Central District of California.
In this article
- What the court decided
- What the lawsuit claims
- Who is in the certified class
- How the court answered the objections
- Hubble and the FTC
- What Hubble says
- What happens next
- What remains unclear
- Frequently asked questions
What the court decided
U.S. District Judge George H. Wu issued a written tentative ruling on October 14, 2026. After hearing arguments the next day, he adopted it as the court's final ruling. The minute order from the October 15 hearing says the court "GRANTS Plaintiff's motion for class certification."
Class certification is a procedural step. It means the judge found that the case meets the requirements of Federal Rule of Civil Procedure 23 for one plaintiff to represent a larger group. It does not decide who is right. The court certified the class under Rule 23(b)(3), which covers cases mainly seeking money where common questions outweigh individual ones.
The certified claims arise under three California consumer protection laws:
- The Consumers Legal Remedies Act (CLRA), which bars deceptive practices in consumer sales
- The Unfair Competition Law (UCL), which bars unlawful, unfair or fraudulent business practices
- The False Advertising Law (FAL), which bars untrue or misleading advertising
In the same order, the court denied Hubble's motion to exclude the opinions of the plaintiff's expert, Dr. Elizabeth Howlett, who offered opinions on whether the alleged omissions mattered to buyers and on how damages could be measured.
The judge wrote that the key questions in the case "appear to be whether the alleged misrepresentations/omissions are unlawful, unfair, fraudulent, and/or deceptive," and whether Hubble made them uniformly.
What the lawsuit claims
Wesley Africa filed the suit in Ventura County Superior Court on April 28, 2023. Hubble moved it to federal court on June 9, 2023. The current version is the Fourth Amended Complaint, filed in May 2025.
The complaint says Hubble sells a single type of daily lens through an online subscription, and that every lens has a base curve of 8.6mm and a diameter of 14.2mm. Base curve and diameter are measurements an eye doctor uses to fit a contact lens to a patient's eye. The plaintiff calls Hubble's lens "one-size-fits-all." Hubble told Vision Monday that this description is an allegation rather than an established fact.
Federal law requires contact lens sellers to either get a copy of a customer's prescription or verify it with the prescriber. Under the Federal Trade Commission's Contact Lens Rule, if the prescriber does not respond to a valid verification request within eight business hours, the seller may fill the order. This is often called passive verification.
The complaint claims Hubble used this system to sell its own lenses to customers prescribed other brands. It alleges that Hubble:
- Did not request or accept complete prescriptions from customers
- Placed verification calls to eye doctors' offices between 5:00 p.m. and 8:00 a.m., and often on weekends, using pre-recorded robocalls
- Used robocalls that were hard to understand, which the complaint says were "meant to confuse the listener"
- Charged subscription fees that the complaint puts at $30 to $39 per month
The complaint says customers who received lenses that were not fitted for them were put at risk of eye injury. The certified class excludes personal injury claims, and the court made no findings about eye health.
You do not need to do anything right now There is no settlement or claim form. If you are a class member, you should receive a notice later explaining your rights, including any option to exclude yourself. Keep your Hubble order confirmations and any prescription records from your eye doctor.
Who is in the certified class
The class definition approved by the court reads:
"All persons residing in California who purchased a subscription for Hubble Classic Daily lenses from hubblecontacts.com between April 25, 2019 and the present who were not prescribed Hubble Classic Daily lenses, and who do not seek personal injury damages."
The court cited evidence that Hubble sold its lenses to at least 95,543 different California consumers since April 28, 2019. It also noted Hubble's point that, because of passive verification, it kept prescription records for only about 6,000 of those customers. The judge said this goes to identifying class members and does not prevent certification.
In a footnote, the judge raised questions about the class definition that remain open:
- What happens to customers whose prescription did not name any lens brand?
- Would a customer prescribed Hubble lenses with measurements other than Hubble's 8.6mm base curve and 14.2mm diameter fall within the class?
Those questions could lead the parties to refine the definition later. Customers who do not live in California, or who bought lenses outside the stated dates, are not in this class.
How the court answered the objections
Hubble raised several arguments against certification. The court's order addressed each one.
Refunds. Hubble argued that some customers already got refunds, either from Hubble directly or through its 2022 settlement with the FTC. The court said adjusting money awards for refunds is "an individualized damages issue" that "does not prevent certification." It added that Hubble had not shown any refund made a customer whole.
Damages. The plaintiff proposed a full-restitution model, meaning a return of what customers paid. As a backup, he offered Dr. Howlett's conjoint analysis, a survey method that estimates how much a product feature or disclosure affects what buyers will pay. The court found both theories "clearly tied to the alleged harmful conduct." It did question one part of the backup model, which the parties call "Component B," and noted the plaintiff had apparently conceded more analysis may be needed for it.
Arbitration. Hubble said its terms of service include an arbitration agreement that requires individual claims. The court said it was unaware of Hubble filing any motion to compel arbitration. It added that there would be "a real question" about whether Hubble waived that right by litigating in court since 2023.
Watch for an appeal or a decertification fight Under Federal Rule of Civil Procedure 23(f), a party can ask an appeals court for permission to appeal a class certification order, generally within 14 days. Hubble has not said publicly whether it will seek one.
Hubble and the FTC
In January 2022, Vision Path agreed to pay $3.5 million to settle FTC charges, according to the agency's press release. The FTC called it "the largest amount ever for a matter involving violations of the Contact Lens Rule."
The FTC alleged that Hubble altered prescriptions from the prescribed brands to Hubble lenses, failed to obtain or properly verify prescriptions and sold lenses after verification requests were denied. It also alleged that Hubble failed to disclose that some reviews were written by paid reviewers and, in one case, by one of its own executives.
The settlement required a $1.5 million civil penalty and $2 million in consumer redress. It also barred the practices alleged in the complaint. The FTC filed that case in federal court in Washington, D.C.
The California lawsuit is separate from the FTC case. The judge noted that the parties disputed whether the FTC settlement's injunction makes further court-ordered changes unnecessary. Because the court certified the class for money claims under Rule 23(b)(3), it did not decide that question.
What Hubble says
In a statement to the trade publication Vision Monday, Hubble said:
"Hubble remains confident in its position and intends to vigorously defend against the allegations. The court's recent decision regarding class certification is procedural and does not constitute a finding of wrongdoing. The court has already dismissed several of the plaintiff's claims, and the certified class excludes claims for personal injury. Hubble Classic Daily lenses are FDA-cleared."
Hubble also told Vision Monday that the court dismissed the CLRA, UCL and FAL claims against its co-founders, Benjamin Cogan and Jesse Horwitz, in October 2025. It said the only remaining claim against them is an individual claim by the named plaintiff that is not part of the class. The plaintiff's law firm, Michael Sullivan & Associates, said the court previously allowed a separate fraud conspiracy claim against the co-founders to proceed.
Hubble also noted that federal rules allow sellers to verify prescriptions by phone, fax or email.
Your prescription is yours to keep Under the FTC's Contact Lens Rule, eye doctors must give patients a copy of their contact lens prescription after a fitting, and sellers may not switch you to a different brand without your prescriber's approval. Ask your eye doctor for a copy if you do not have one.
What happens next
The court set a scheduling conference for October 22, 2026, at 8:30 a.m. The parties were ordered to file a joint scheduling report by noon on October 20. That conference will likely set dates for the rest of the case, including the class notice process, further evidence exchange and any trial.
Next, the court will usually approve a notice to class members. That notice explains what the case is about, who is included and how to opt out for anyone who wants to keep the right to sue on their own. Class members who do nothing generally remain in the class and are bound by the outcome.
If the case later settles or the plaintiff wins at trial, class members would be told how to claim any money. For cases accepting claimants now, see our list of class action cases you can join.
What remains unclear
- The final class definition. The judge's questions about brand-free prescriptions and lens measurements may lead to changes.
- How class members will be identified. Hubble says it has prescription records for only about 6,000 of roughly 95,000 potential class members.
- Arbitration. Hubble has not moved to compel arbitration, and the court has not decided whether it waived that right.
- Damages. The court accepted the plaintiff's damages theories for certification purposes but flagged questions about one component.
- An appeal. It is not known whether Hubble will ask the Ninth Circuit to review the certification order.
- The co-founders' role. Hubble and the plaintiff's lawyers describe the remaining claims against the co-founders differently.
This article is for information only and is not legal advice. Anyone with eye symptoms should see an eye care professional. Questions about your legal rights can go to a licensed attorney.
Frequently asked questions
Am I part of the Hubble Contacts class action?
You may be if you lived in California, bought a Hubble Classic Daily subscription on hubblecontacts.com from April 25, 2019 to the present, were not prescribed Hubble Classic Daily lenses and are not seeking personal injury damages.
Do I need to sign up or file a claim?
No. Class members are included automatically. There is no settlement or claim form. If you are in the class, you should get a formal notice explaining your options.
Does class certification mean Hubble lost?
No. Certification only allows the case to proceed as a class action. The court has not decided whether Hubble broke the law, and Hubble denies the allegations.
Can I get money from the Hubble lawsuit?
Not yet. Money would only become available if the case settles or the plaintiff wins at trial. The plaintiff is seeking restitution, meaning a return of money paid, under California law.
I got a refund from the FTC settlement. Am I still in the class?
The court said refunds from Hubble or from the 2022 FTC settlement do not prevent certification. Any refund could affect how much an individual class member would receive if money is awarded later.
What if I live outside California?
This certified class is limited to California residents. People in other states are not part of this case.